"Statutory interpretation is the process by which courts interpret and apply legislation."
The process by which judges interpret and apply the meaning of statutes in individual cases.
Definition of Statutory Interpretation: This topic involves an explanation of the meaning of the term 'statutory interpretation' and why it is important in Public Law.
Types of Statutory Interpretation: This topic explores the various methods of statutory interpretation, including literal, purposive, and contextual approaches.
Principles of Statutory Interpretation: This topic covers the general rules and principles that courts use to interpret statutes, such as the presumption of Parliament's intention and the use of the plain meaning rule.
Statutory Language and Interpretation: This topic involves a detailed analysis of the language used in statutes and the different ways in which it can be interpreted, including through the use of dictionaries and other sources of meaning.
Ambiguity and Vagueness in Statutory Interpretation: This topic looks at situations where a statute is open to more than one interpretation or where it is unclear what the statute means, and explores how courts can resolve these issues.
Contextual Factors in Statutory Interpretation: This topic examines the different contextual factors that courts consider when interpreting statutes, such as the purpose and history of the legislation, the broader legal framework, and the social and historical context.
Legislative Process and Statutory Interpretation: This topic explores the relationship between the legislative process and statutory interpretation, including how courts interpret statutes in the light of the legislative history and how they take into account the role of Parliament.
International Law and Statutory Interpretation: This topic involves an analysis of the relationship between international law and domestic law, and how courts interpret statutes in light of international legal obligations.
Judicial Review and Statutory Interpretation: This topic looks at the role of the courts in reviewing the exercise of statutory power by public bodies and how the courts use principles of statutory interpretation to determine the legality of their actions.
Criticisms and Debates in Statutory Interpretation: This final topic covers some of the criticisms and debates surrounding statutory interpretation, including the use of the plain meaning rule, the role of legislative history, and the impact of judicial creativity.
Literal interpretation: When the words of the statute are given their plain, ordinary and grammatical meaning.
Golden rule: Where the literal interpretation leads to an absurd or illogical result, the court may modify the meaning of the words to avoid that result.
Mischief rule: The court looks at the problem or “mischief” that the statute was intended to remedy and interprets it in a way that addresses that issue.
Purposive interpretation: The court looks at the purpose or underlying policy behind the statute and interprets it in light of that.
Harmonious interpretation: Where there are two or more statutes that may apply to the same situation, the court interprets them in a way that gives effect to both, if possible.
Ejusdem Generis: When words are followed by general words, the general words are to be interpreted in light of the specific words that came before them.
Expressio Unius Est Exclusio Alterius: When certain things are expressly mentioned in a statute, other things that are not mentioned are presumed to be excluded.
Noscitur a sociis: A word is given its meaning based on the context in which it is used.
Intrinsic and Extrinsic Aids: Refers to the various sources that can be used in interpreting statutes, such as the legislative history, judicial precedent, and common law principles.
Constitutional interpretation: Where the interpretation of a statute raises questions about the constitutionality of the provision, the court may interpret it in light of the constitutional principles at issue.
"Some amount of interpretation is often necessary when a case involves a statute."
"Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge."
"To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose."
"Judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation."
"Judges use various tools and methods of statutory interpretation, including legislative history."
"The purpose of statutory interpretation is to interpret and apply legislation."
"In common law jurisdictions, the judiciary may apply rules of statutory interpretation..."
"The judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations."
"In many cases, there is some ambiguity in the words of the statute that must be resolved by the judge."
"Judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose."
"To find the meanings of statutes, judges use various tools and methods of statutory interpretation..."
"Sometimes the words of a statute have a plain and a straightforward meaning..."
"Judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation..."
"Legislative history is a tool and method used by judges for statutory interpretation."
"Judges use various tools and methods of statutory interpretation, including...purpose."
"The purpose of statutory interpretation is to interpret and apply legislation."
"Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge."
"The judiciary may apply rules of statutory interpretation...to delegated legislation such as administrative agency regulations."
"In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations."