statutory interpretation

In order for consistency in interpreting the meaning of legislation, courts use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation.  Different rules of interpretation may be applied and depend upon the nature of the ambiguity and the content in which it arises.

Firstly a court will give the everyday meaning to the words, notwithstanding that it may lead to an absurdity. The golden rule may be used where the literal rule leads to an obvious absurdity, and lastly the mischief rule may be applied to ascertain the purpose for which the legislation was enacted, by going beyond the actual words used in the legislation. Courts are in a most difficult position in this regard as they do not pass the legislation which they are required to interpret and the court will strive for a sensible meaning to the statute where at all possible.

A court may refer to the content of the legislation in interpreting legislation, including the title of the legislation, its preamble and its schedules. Also, the Minister's speech in the passage of the Bill (recorded in Hansard) may be referred to as with dictionaries and textbooks.

The following presumptions apply when interpreting statute:

1. They are presumed not to bind the Crown
2. They do not operate retrospectively in respect to substantive law (as opposed to procedural law)
3. They do not interfere with legal rights already vested
4. They do not oust the jurisdiction of the courts
5. They do not detract from constitutional law or international law

These are presumptions that may be rebutted by clear words.

Statutes imposing taxation or penal in nature are subject to strict construction, and ambiguity is resolved in favour of the subject.

A number of rules of statutory rules of interpretation appear below.

Usage: The process of statutory interpretation may include the application of the common law rules of construction noscitur a sociis, ejusdem generis and expressio unis exclusio alterius.

Related Words: legislation; statutory instruments; by laws; noscitur a sociis; ejusdem generis; expressio unis exclusio alterius; golden rule; expressio unius; literal rule; mischief rule; Act of Parliament; interpretation clauses; legislation.