Overview
This lecture introduces the key rules of statutory interpretation, explaining how judges determine the meaning and application of legislation.
Importance of Statutory Interpretation
- Legislation is a fundamental source of law, but its meaning is not always clear.
- Ambiguities may arise due to complex concepts, unclear wording, or words with multiple meanings.
- Rules of interpretation guide judges in clarifying legislative intent and application.
The Literal Rule
- The literal rule instructs judges to interpret statutes using the ordinary, everyday meaning of the words.
- Example: In Fisher v. Bell, "offer for sale" was given its strict contract law meaning, leading to the conclusion that displaying an item is not an offer.
- Literal rule aims to reflect Parliament's intent by focusing strictly on the text.
The Golden Rule
- The golden rule serves as a backup for the literal rule when literal interpretation leads to absurd outcomes.
- Judges may ascribe an alternative meaning to avoid an absurdity.
- The application is subjective, as what is "absurd" can vary between judges.
The Mischief Rule
- The mischief rule directs judges to consider the "gap" or problem in the law the statute intends to solve.
- Focus is on preventing the specific issue (the "mischief") Parliament sought to address.
The Purposive Approach
- The purposive approach asks what goal Parliament intended the legislation to achieve.
- Judges can override the literal meaning if it fails to fulfill Parliament's purpose.
- Originated from European law, now commonly used in UK cases.
- Critics argue it risks judges encroaching on Parliament's legislative role.
Judicial Constraints and Access to Materials
- Judges have limited time and resources, so there are strict rules on what materials can be consulted to determine legislative intent.
- The balance between sufficient access and efficient decision-making is important.
Key Terms & Definitions
- Literal Rule — Interpreting statutes by the ordinary, plain meaning of their words.
- Golden Rule — Modifying the literal meaning to avoid absurd results.
- Mischief Rule — Focusing on the problem or "mischief" the statute was intended to remedy.
- Purposive Approach — Interpreting statutes based on the intent and purpose of Parliament.
Action Items / Next Steps
- Review case examples (e.g., Fisher v. Bell) for each rule.
- Consider how rules of interpretation affect the balance of power between Parliament and the judiciary.
- Prepare to study what materials judges are permitted to consult for determining legislative intent.