Interpretation of Statutes: Study Notes
The full subject, chapter by chapter. Free to read, no signup. Every chapter ends with the leading cases and the confusions examiners like to exploit.
Unit 1: Introduction & General Principles
Definition and Classification of Statutes
What a statute is and its classifications: codifying, consolidating, declaratory, penal, remedial, temporary and perpetual.
Meaning of Interpretation and General Principles
The meaning of interpretation and construction and the general principles courts use to ascertain legislative intent.
General Clauses Act 1897
The General Clauses Act 1897: standard definitions, gender and number rules, and the Section 6 effect of repeal.
Unit 2: Primary Rules of Interpretation
The Literal Rule
The literal or grammatical rule: give words their plain ordinary meaning even if the outcome seems harsh.
The Golden Rule
The golden rule: depart from the literal meaning only so far as needed to avoid absurdity or inconsistency.
The Mischief Rule
The mischief rule from Heydon's Case: interpret to suppress the mischief and advance the remedy.
Unit 3: Special Rules of Construction
Strict Construction of Penal Statutes
Strict construction of penal statutes: ambiguity resolved for the accused, no punishment by analogy.
Strict Construction of Taxing Statutes
Strict construction of taxing statutes: no tax by implication and ambiguity favours the taxpayer.
Beneficial Construction
Liberal construction of welfare and beneficial legislation to advance its protective purpose.
Harmonious Construction
Harmonious construction: read provisions together so none is rendered redundant or brought into conflict.
Maxims: Ejusdem Generis, Noscitur a Sociis, Expressio Unius
Interpretive maxims: ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius.
Unit 4: Aids to Interpretation
Internal Aids to Interpretation
Internal aids to construction: title, preamble, headings, marginal notes, definitions, provisos and illustrations.
External Aids to Interpretation
External aids: legislative history, statement of objects and reasons, dictionaries and international conventions.
Presumptions in Interpretation
Presumptions in interpretation: against retrospectivity, against ousting jurisdiction, in favour of constitutionality.
Judicial Activism and Restraint
Judicial activism versus restraint in statutory interpretation and the limits of the judicial role.
Unit 5: Repeal & Subordinate Legislation
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