SHORT NOTES - INTERPRETATION OF STATUTES

1. Why Statutory Interpretation Matters

 Glanville Williams says it is not taught enough, but it is very important.

 Statutes need interpretation because words can be unclear or broad.

 Lawyers must understand how acts are structured and how courts interpret them.

 

 2. What is a Statute?

 A written law passed by Parliament.

 It can:

 

   Prohibit actions

   Require actions

   Make declarations

   Create institutions for public benefit

 

 3. Structure of a Statute

An Act of Parliament usually contains:

 

1. Short title

2. Long title

3. Date of Royal Assent

4. Enacting formula

5. Sections & subsections

6. Marginal notes

7. Citation

8. Extent (territorial scope)

9. Commencement date

10. Definition sections

11. Savings & repeals

12. Schedules

 

Important distinction:

 

 Enacting parts = actual law (sections, subsections).

 Non-enacting parts = helpful but not legally powerful (headings, marginal notes, punctuation).

 

 4. Importance of Context

 Only the words of the statute are the law.

 MPs cannot explain what they “meant” in court.

 Words may have a broad or “disembodied” meaning.

 However, statutes still have a general purpose reflected in their wording.

 

 5. Definition Sections

 Always check if the Act defines a word specially.

 Definitions may appear in another section and are NOT clearly signposted.

 Students and lawyers must locate definitions themselves.

 

 6. Interpretation Based on Policy (Fringe Meaning)

 Courts often try to guess Parliament’s intention, even though true intention is impossible to know.

 Meaning is often based on:

 

   Purpose of the Act

   Common sense

   Social needs

   Fairness

 Example: In a compensation case, “murder” was interpreted as an “accident” because it fit the Act’s purpose of supporting workers’ families.

 

 7. The Literal Rule

 Words must be given their ordinary, natural meaning.

 No adding, removing, or modifying words.

 Used only when the wording is clear and unambiguous.

 Also known as the Plain Meaning Rule.

 Focus: What do the words say on their face?

 

 8. The Mischief Rule (Purposive Approach)

 From Heydon’s Case (1584).

 Court asks:

 

  1. What was the law before the Act?

  2. What problem (mischief) existed?

  3. What remedy did Parliament intend?

  4. What interpretation best fixes the mischief?

 Used when words can have multiple meanings.

 Purpose: give effect to the statute’s purpose.

 

 9. The Golden Rule

Allows judges to avoid absurd or unreasonable results.

 Court may depart from the literal meaning.

 Two applications:

 

  1. Narrow sense: Resolve ambiguity between two possible meanings.

  2. Wide sense: Use even when only one meaning exists but leads to absurd or unfair results.

 

 10. Presumptions in Interpretation

Courts assume Parliament does not intend certain results unless clearly stated. Key presumptions:

 

1. No retroactive effect (except procedure).

2. Act applies only within the UK unless stated otherwise.

3. No interference with vested rights.

4. No taking of property without compensation.

5. No interference with contracts (now less strong).

 

These presumptions protect fairness and property rights.

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