Statutory Interpretation

Flashcards covering the core principles, rules of construction, language rules, and aids to interpretation within the SQE1 syllabus for Statutory Interpretation.

Pepper v Hart [1993]

Both a case name and a rule of law which established that courts could refer to parliamentary material recorded in Hansard to interpret ambiguous or obscure statutes.

The Literal Rule

A rule of construction stating that words in a statute must be given their plain, ordinary, and literal meaning, even if the result is harsh or undesirable.

The Golden Rule

An adaptation of the literal rule used to avoid an absurd or totally obnoxious result by adhering to the ordinary sense of words only to the extent they do not produce inconsistency.

The Golden Rule (Narrow Sense)

Applied when a word is capable of more than one meaning, allowing the court to choose between those meanings to avoid an absurd result, as seen in Adler v George [1964].

The Golden Rule (Wider Sense)

Used to avoid a result that is contrary to public policy or good governance even when words have only one meaning, such as preventing a murderer from inheriting under Re Sigsworth [1935].

The Mischief Rule

A rule of construction where the court considers what defect or 'harm' in the existing law the statute was intended to remedy to ascertain the legislator’s intention.

The Purposive Approach

A style of interpretation where judges look at the reasons why the statute was passed and its policy intent, even if it means departing from the ordinary meaning of the words.

Marleasing SA v La Comercial Internacional de Alimentacion SA

An ECJ decision requiring national courts to interpret national law, as far as possible, in light of the wording and purpose of EU Directives.

Section 3 of the Human Rights Act 1998

Requires primary and subordinate legislation to be read and given effect in a way that is compatible with European Convention rights so far as it is possible to do so.

Noscitur a sociis

A rule of language meaning 'known by the company it keeps,' where a word derives its meaning from the surrounding words in a non-exhaustive list.

Eiusdem generis

A rule of language stating that if a general word follows two or more specific words, the general word only applies to items of the same type as the specific words.

Expressio unius est exclusio alterius

A rule of language meaning 'to express one is to exclude others,' applicable where a specific list of words is not followed by general words.

Intrinsic Aids

Sources found within the statute itself used to assist understanding, including long and short titles, preambles, punctuation, headings, and interpretation sections.

Extrinsic Aids

Sources outside of the statute itself used for interpretation, such as dictionaries, Hansard, the Interpretation Act 1978, other statutes, and academic textbooks.

Hansard

The verbatim reporting system of proceedings in Parliament.

Presumption against alteration of the common law

The judicial principle that an interpretation which does not change existing common law is preferred unless the statute expressly states a contrary intention.

Presumption against retrospective operation

The understanding that an Act of Parliament applies only to future actions unless specifically stated otherwise, as in the War Crimes Act 1991.

Presumption against criminal liability without mens rea

The principle that there can be no conviction for a crime without a 'guilty mind' or intention, unless the offense is one of strict liability.

Presumption against binding the Crown

The understanding that legislation is presumed not to apply to the Crown unless there is a clear statement to the contrary.