Interpretation of statutes Basic Knowledge

Statutory Interpretation

How Judges Read the Statute Laws of Parliament

Role of the Courts

Recall the courts have two main roles

 To resolve disputes, both criminal and civil

 To declare the law by Creating new common law ex post facto and
interpreting the meaning of statute law

Declaring the Statute Law

There can be uncertainty and dispute about the meaning of statute

laws.
Courts have the task of declaring the meaning of statute law when
the meaning is unclear

Reasons for Unclear Statutes

Poor drafting:
Many bills are hurried through parliament (flood-gated, guillotined
etc). Those drafting a bill may lack specialist knowledge.
Inconsistencies & contradictions:Parts of the same Act may conflict
 with each other. The Act may conflict with other Acts. Acts are
complex.
Wording and definitions:
Words may be poorly defined by the Act or may have multiple
meanings is common usage.
The meaning of words may change over time.
Changing circumstances:
Old laws may need to be reinterpreted to fit new developments eg.
Technology

Judicial Rules of Interpretation

Judicial rules are used to read unclear statutes and declare the law.

 Literal Rule
 Golden Rule
 Mischief (or Purpose) Rule

The Literal Rule

The Act is read by its plain meaning – exactly as the words are
written, the assumption being that parliament has said what it
means.
However, this can lead to absurd outcomes.
Pedestrians are not allowed on the freeway. A person whose car has
broken down and is walking to the emergency phone is in breach of
the law. This is absurd.
 The Golden Rule

If the Literal Rule yields an absurd outcome, the judge will apply the
Golden Rule.
When the usual meaning of a word causes unjust outcomes, judges
interpret the offending word to reduce the absurdity.
Thus “pedestrian” is interpreted so as not to include people walking
to freeway phones in an emergency. Such people are not pedestrians
and can’t be charged under the Act.

The Mischief Rule

Also called the Purpose Rule. If the Literal and Golden Rules have
failed to achieve a just result, the judge will seek the wrong (or
mischief) that parliament was trying to legislate for and interpret
the Act in accordance with parliament’s intention.
Parliament is clearly aiming to prevent people walking on the
freeway as regular pedestrians, not trying to prevent broken down
motorist seeking help.

Extraneous Materials

Judges will refer to the specific words of a section of the Act itself for
its meaning but sometimes the meaning is still unclear. If this is the
case then materials external to the problem section of the Act may
be consulted – These are called Extraneous Materials

 Standard English Dictionaries (Oxford Concise)

 Legal Dictionaries (Butterworth’s)
 Other sections of the same Act
 Previous decisions – earlier interpretations of the same Act or
established interpretations of words
 Hansard – for Second Reading speeches and debate to clarify
parliament’s purpose

Interpretation Acts

Some states have Acts

Interpretations Acts (Interpretation Act WA 1984) which are laws
instructing judges on how to interpret other Acts. This is done to
restrict judicial freedom of interpretation and make sure
parliament’s meaning is clear.
These Acts may define common terms and they may force judges to
apply the policy of the Act before its literal meaning.

Legal Maxims

Legal maxims are principles of interpretation used by judges to

reach consistent decisions.

 Ejusdem generis
 Noscitur a sociis
 Expressio unis est exclusio alterius

Ejusdem Generis

Latin: “of the same kind”.

Applied to a list of words where a general word appears after a list
of specific words of a similar class. Parliament knows that the list of
all possible instruments is too long and leaves it to the courts to
interpret. “The use of spear guns, spears, knives and other such
instruments is prohibited”
The words “other such instruments” will be interpreted in line with
spear guns, spears, knives – items used in fishing

Noscitur a sociis

Latin: “by the company it keeps – to know a thing by its associates”

The meaning of a word may be known from the accompanying
words. The word “disability” when alone can mean many things –
medical, legal (bankruptcy), less able to perform etc etc. “The
insurer will pay the amount of $10 million in the event of the
insured’s illness, disability or death”
In the above line from a statute the meaning of “disability” is clear –
Its is a medical meaning.

Expressio unis estexclusio alterius

Latin: “the express mention of one thing is to exclude all others”.

Applied to a list of words where there are no general words at the
end of the list. If the word does not appear in the list then
parliament did not intend it to be prohibited. “Riding of trail bikes is
prohibited in National Parks, ‘A Class’ Nature Reserves and
Conservation Areas”
Riding trail bikes in ‘B Class’ Nature Reserves is permitted because
the express mention of the others excludes ‘B Class’ Nature
Reserves.
Interpretations and Precedent

Once a court has declared the statute law – that is said what a
statute means that interpretation is a precedent. Lower courts must
apply the statute as declared by higher courts.
Equivalent or superior courts will regard the interpretation as
persuasive.