Scribd
Upload
32 views

Smith & Bailey, 1996

Statutory interpretation is how judges interpret and apply statutes to determine how they will handle similar or different cases. Statutes need interpretation because language can be ambiguous or unclear, situations arise that were not foreseen, and judges must determine if a case falls within the intended scope of the law. When interpreting statutes, judges use specific rules of statutory interpretation and canons of construction to help resolve ambiguities, such as giving words their everyday meaning, using the golden rule if the literal meaning would be absurd, and considering the purpose of the legislation.

Uploaded by

jkwui
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
32 views

Smith & Bailey, 1996

Statutory interpretation is how judges interpret and apply statutes to determine how they will handle similar or different cases. Statutes need interpretation because language can be ambiguous or unclear, situations arise that were not foreseen, and judges must determine if a case falls within the intended scope of the law. When interpreting statutes, judges use specific rules of statutory interpretation and canons of construction to help resolve ambiguities, such as giving words their everyday meaning, using the golden rule if the literal meaning would be absurd, and considering the purpose of the legislation.

Uploaded by

jkwui
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Introduction

What is Law means and how it’s use for? Hard to explains, but Law mean is a system of rules and
guidelines, usually enforced through a set of institutions or a society sets to maintain order and protect harm
to persons and property. In addition, Law is ancient, dating back at least to the Code of Hammurabi, written
by an ancient “Babylonian king around 1760 BC”.

What is meant by statutory interpretation? It is mean where judges interpret the meanings of words
in a statute to determine and classify if and how it will apply in similar or different cases (Smith & Bailey,
1996). It also can be created and applied as ‘judicial precedents’ for other cases. So, Judges are making laws
when determining the words in an Act or statutory. Why the statutes need to interpret? Legislation may
contain uncertainties for a variety of reasons are:

 Words are imperfect symbols to communicate intent. Parliament’s language in acts of parliament can
be ambiguous or unclear and change in meaning over time. And many words in an act may need
definitions and classifications or caused by an error in drafting such as more than one meaning and
printed error.

 Unforeseen situations are inevitable, and new technologies and cultures make application of existing
laws difficult.

 Uncertainties may be added to the statute in the course of enactment where the law is meant to apply
to different situation and the judge must determine whether the case in front of them fall within the
ambit of the law. For example, see whether the cases can be judge or decide reasonable or fit and
proper.

Therefore, the court must try to determine how a statute should be enforced. This requires statutory
construction. It is a theory of statutory construction that the legislature is supreme (assuming
constitutionality) when creating law and that the court is merely an interpreter of the law. In practice, by
performing the construction the court can make sweeping changes in the operation of the law (Paul
Latimer, 2009).
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.

http://www.wisegeek.com/what-is-law.htm

You might also like