1A, §20.12 (West Group 2000), American Jurisprudence 2d, Vol. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated."[15]. AU - Boughey, Janina. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. A statute is presumed to make no changes in the common law. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Statutory Interpretation Lecture. [17][18], However in the case of the European Union, a supranational body, the recitals in Union legislation must specify the reasons the operative provisions were adopted, and if they do not, the legislation is void.[19]. Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat 4. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. does the use of a new cloning technique create an embryo within the meaning of statute enacted when embryos could only be created by fertilisation? Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. From:  Rule of Harmonious Construction 5. KW - administrative law. The distinctive feature of contemporary Australian law derives from theoverwhelming importance of the laws made by or under Parliament.I refer tostatutes, regulations, by-laws, executive instruments, rules of court and allthe other ways in which the written lawnow manifests itself. This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. It is the principles developed by courts for interpreting statutes. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). For example, “weekends and public holidays” excludes ordinary weekdays. Interpretation of a particular statute depend… In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given reasons for the decision, the decision would become binding on later courts. If that individual argued to the court that a motorcycle is not a "motor vehicle," then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. It now circles in the orbit of statute” –Kirby ACJ Public law and statutory interpretation are intertwined  Parliamentary Sovereignty means that if there is a conflict between statute and common law, statute prevails. The Honourable JJ Spigelman AC Chief Justice of New South Wales 4 Cabell v Markham 148 F 2d 737 at 739 (1945). John F Manning, 'The absurdity doctrine' (2003) 116 Harv L Rev 2387, 2390. However, the House of Lords has ruled against the existence of an alleged social policy rule, which would enable an ambiguous Act to be interpreted so as to best give effect to the social policy underlying it. These books included manyimportant statutes, arranged alphabetically according to their … 15, 2008. Most canons emerge from the common law process through the choices of judges. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. [10] The function of the courts is only to expound and not to legislate. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. 1. “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. Other Rules 1. When looking at statutory interpretation it’s vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes; words can become ambiguous, meaning that there can be misperceptions made about whether or not individuals are right in their appeals. This rule essentially states that the statute means what it says. Criminal law and tax law must be interpreted very strictly, and never to the disadvantage of citizens,[citation needed] but liability law requires more elaborate interpretation, because here (usually) both parties are citizens. Cash On Delivery! (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). However, if a statute is unclear, the interpretative process begins. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). The age old process of application of the enacted law has led to formulation of certain rules of interpretation. 395 (1950) republished with permission in 5 Green Bag 297 (2002). A particular section of the statute shall not be divorced from the rest of the act. They cannot, however, restrict an unambiguous provision's scope, but they can be used to determine the nature of a provision, and this can have a restrictive effect."[20]. ». T2 - Principles and Practice. Legislative bodies themselves may try to influence or assist the courts in interpreting their laws by placing into the legislation itself statements to that effect. This is also referred to as statutory construction. All of the above methods may seem reasonable: The freedom of interpretation varies by area of law. Principles of Statutory Interpretation 12th Edition - Buy Principles of Statutory Interpretation 12th Edition by GP Singh only for Rs. This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute. AU - Castan, Melissa. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. Ambiguity 7. A person driving a motorcycle might be pulled over and the police may try to fine him if his motorcycle is not registered with the DMV. KW - statutory interpretation. 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