\UGANDA CHRISTIAN UNIVERSITY

MUKONO

NAME : KAMWAMI ARTHUR

REG.No: S11B11/466

COURSE : LLB 2

COURSE UNIT : LEGAL METHODS 1

LECTURER: MR.SEBBOWA KABALI FRANCIS

COURSE WORK Question : What are the Canons

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Black’s Law Dictionary defines Statutory Interpretation as the act of construing Statutes and
collectively as the principles that the courts use for interpreting statutes (1474).It is the process of
determining the meaning of words used by the legislature to give purpose when drafting a
statute. Canons of Statutory Interpretation on the other hand are defined as Fundamental
principles used in construing Statutes by the Courts in Black’s law Dictionary(241).

Lord Dening in his book Discipline of the Law observes that before the 19th Century, judges
were restricted to interpreting statues literally(10). However with the formation of these canons
they formed a Guideline which Courts used and still use when determining the intention and
meaning of a particular statute as drafted by the Legislature and they are : The Statute must be
interpreted as a whole. Plain Meaning Rule ,Ejusdem Generis Rule and ExpressioUnius Rule.
Statues must be construed in the sense they bore upon drafting. They must also avoid absurdity .
Where they are clear they must be enforced. The Statute must not be permitted to allow one to
benefit from his wrong doing. The statute must be construed to carry out the intention of the
legislature. Relevance of the Preamble and Directive Principles. The above canons are explained
below as follows:

The Statute must be interpreted as a whole and any ambiguous provision must be considered in
the context of the whole Statute. A Statute is a single document and every part of it must be
considered as far as is relevant in order to get a true meaning and intent . A case in point is AG v
Prince Ernest of Hanover (1957) AC 436 .The defendant a great descendant of Princess Sophia
sought to be recognized as a British Subject under Queen Anne’s Statute which recognized
Princess Sophia and her descendants as British subjects . However this statute was repealed in
1948 by another statute and the Crown sought to restrict the defendant’s right owing to an
alleged ambiguous clause within the preamble. The issue was whether the defendant by Queen
Anne’s Statute was recognized as a British Subject within the meaning of Queen Anne’s statute
of 1705. Lord Simmons in his judgementfavouring the Defendant’s right noted that for a statute
to be construed correctly it needed to be interpreted as a whole.

Words of a Statute are to be given their natural and ordinary meaning. When writing Statutes the
Legislature intends to use ordinary words in their ordinary senses. Acase in point is Vacher v
London Society of Compositors (1913) AC 107 where Lord Wensley Dale in the case of Grey
vs Pearson (1857) 6 H. L. C 61 106 observed that,

“In Construing Statutes as in construing all other written instruments ,the grammatical and
ordinary sense of the words is to be adhered to , unless it would lead to an absurdity repugnance
or inconsistency with the rest of the instrument in which case the grammatical and the ordinary
sense of the words may be modified so as to avoid that absurdity and inconsistency but no
further.”

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Ejusdem generis rule(“of the same kind ,class or nature”)When a list of two or more specific
words within a statute is followed by a general word,the otherwise wide meaning of the general
word must be restricted to the same class of specific words.In Allen vsEmmerson(1944) KB
362 an act stipulated that theatres and other places of amusement should be licensed. The court
held that a funfair was within the limits of the act and was required to be licensed.

Expressiounius (“The express mention of one thing excludes all others”) Words not expressly
stated within the Statute are deemed to be excluded whether presumed or implied in the
statute.In Colquhon vsBrooksWilles J observered that,

” the method of construction summarized in the maxim of expressiounius is certainly one which
requires to be watched. The failure to make the expression complete often arises from accident ;
very often from the fact that it never struck the draftsman that the thing supposed to be included
needs specific mention of any kind”.

Words in a statute are taken to be construed in the sense they bore when the statute was drafted .
An act must be construed as if the court was interpreting it the day it was drafted . In Kingstone
Wharves Ltd vs Jamaica Mine Ltd (1959) AC 187 the Privy council was called upon to
consider whether 180001b tractors propelled by internal combustion engines were “carriages”
within the meaning of the Act. It was held that the legislature could not have intended articles of
the weight and complexity of tractors to be covered by the Term.

The statute must be construed within the reasonable means to avoid absurdity. The legislature
does not intend an absurdity or an unjust result, so a statute should be construed in such a way
so as to give clarity rather than ambiguity. A case in point is SalvatoriAbuki vsAttorney
General Constitutional Petition No.2 of 1997.The court construed the right to life underArticle
22 to include the right to property under Article 26 of the Uganda Constitution 1995as the
Plaintiff’s sole source of livelihood was derived from his land. Hence making his banishment
inhumane and unconstitutional.

Where the words in a statute are clear, they must be enforced.The Courts of laws have nothing to
do as regards the intention of the legislature in drafting a particular statute. Hence it is the duty of
the court to declare the intention of the Legislature and not legislate.Acase in point is (DPP v
Schildkamp (1969) 3 ALL ER 1640 where Lord Guest in his Judgement observed that where
the words of an act are clear and unambiguous they must be given effect unless they lead either
to absurdity or injustice.

The Statute must be construed so far as possible in such a matter as not to permit one party to it
to take advantage of his wrong. A case in point is Sigsworth (1935) Ch 89 where the defendant
sought to benefit from a statute allowing children to claim wealth from deceased parents who

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died without a will. The defendant had murdered his mother and the court rejected his claim
owing to the means adopted to acquire this wealth .

A statute must be construed so as to carry out the intention of the Legislature .The duty of the
courts is to declare the intention of the Legislature and not question it,but this must be done with
great care and precision in view of the results .This lord Blackburn in Edinburgh Street
Tramways vs Torbain (1877) 3 APP CAS 58 at 68 highlights when he observes,

“I quite agree that in construing an Act of Parliament we are to see what is the intention which
the legislature has expressed by words , but then the words are to be understood by looking at the
subject matter they are speaking of and the object of the legislature and the words used with
reference to that may convey an intention quite different from what the self same set of
wordsused in the reference to another set of cicumstances and another object would or might
have produced.”

When construing a Statute the courts must consider the relevance of the Preamble and
DirectivePrincipes in Statutory Interpretation. Mr Peter MukidiWalubiri in his book
Constitutionalism At Cross Roads points out that in interpreting the provisions protective of
human rights the courts must of necessity take into account the preamble and the national
objectives and directives of state policy. The objectives and Principles must be given effect
whenever it is fairly possible to do so without violating the meaning of the words .(13-14.)He
further points out that the rights enumerated in Chapter 4 of the Uganda Constitution 1995are
not an end and that the end is Specified in the Principles. Hence the Objectives and Principles
act as a guide to the application and relevance of the Rights provided in the Constitution of
Uganda (14.)

Therefore in conclusion though we have modern rules of statutory interpretation such as the
Literal, Golden and Mischief Rules which encompass the above Canons of Statutory
Interpretation.And have provided for reform and revision of countless statutes in Uganda and the
world as a whole particularly Commonwealth Countries. The above canons of statutory
interpretation hold much foundation and importance to our legal society and its continued
evolution. Hence they still hold a place in our legal education and practice and should be
preserved .

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 BIBLIOGRAPHY:

1. Constitution Of The Republic Of Uganda 1995. Kampala: Uganda Printing And