#17285 - Statutory Interpretation - GDL English Legal System

Statutory interpretation

• Parliamentary intention

  • In interpreting statutes the courts are looking for the intention of Parliament, but this intention is frequently difficult to find.

• Rules of statutory interpretation

  • There are four approaches to statutory interpretation:

    • The literal rule;

      • If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense.

    • The golden rule;

      • a court may depart from the ordinary meaning where that would lead to absurdity

    • The mischief rule; and

      • What was the common law before the making of the Act; What was the mischief and defect for which the common law did not provide; What remedy Parliament resolved and appointed to cure the disease; The true reason of the remedy

    • The purposive approach.

      • The first task of a court of construction is to put itself in the shoes of the draftsman – to consider what knowledge he had and, importantly, what statutory objective he had …being thus placed…the court proceeds to ascertain the meaning of the statutory language

• Human rights act 1998

  • Under s. 3 of the 1998 Act the courts are required to read legislation in a way that is compatible with Convention rights.

• Interpreting European legislation

  • Under s. 2(4) of the European Communities Act 1972, all parliamentary legislation must be construed in accordance with European law.

• Internal aids to statutory interpretation

  • Internal aids consist of the statute itself, explanatory notes (post-1999) and rules of language.

• External aids to statutory interpretation. These include:

  • Dictionaries and textbooks;

  • Reports that preceded the legislation;

  • Treaties;

  • The Human Rights Act 1998; and

  • Hansard, following the decision of Pepper v Hart.

• How do judges really interpret statutes?

  • Different academics have put...