Statutory Interpretation 4

Objectives

To complete your learning on Statutory Interpretation

To understand internal and extrinsic aids to Interpretation

Starter – 3 2 1!

Provide:

3 - Types of Statutory Interpretation Rule (with case examples

4 - Advantages of Statutory Interpretation (with reference to a rule)

5 - Disadvantage of Statutory Interpretation (with reference to a rule)

Internal Aids to Interpretation

The Statute The long title of the Act The preamble – sets out the need for the legislation and its intended effect Headings Schedules – Parts of the Act and may be looked at if there is ambiguity in the main body of the Act

Internal Aids to Interpretation Explanatory notes – since 1999

Presumptions – The courts assume that certain points are implied in all legislation. These presumptions include the following:

Statutes do not change the common law Legislature does not intent to remove any matters from the jurisdiction of the courts Existing rights are not to be interfered with Laws which create crimes should be interpreted in favour of the citizen where there is ambiguity Legislation does not operate retrospectively: its provisions operate from the day it comes into force Statutes do not affect the Monarch

Internal Aids to Interpretation Rules of Language -

Ejusden Generis – General words which follow specific ones are taken to include only things of the same kind. E.g., if an Act used the phrase “dogs, cats and other animals” the phrase “and other animals” would probably include other domestic animals, but not wild ones

Expressio unius est exclusio alterius – Express mention of one thing implies the exclusion of another. If the Act specifically mentioned “Persian Cats” the term would not include other breeds of cat.

Noscitur a sociis – A word draws meaning from the other words around it. If a statute mentioned “cat baskets, toy mice and food”, it would be reasonable to assume that “food” meant cat food, and dog food was not covered by the relevant provision

Extrinsic aids to Interpretation

Dictionaries and Textbooks

Reports – Law Commission

Historical Setting

Treaties

Extrinsic aids to Interpretation

Hansard – Davis v Johnson (1978)

Human Rights Act 1998 – sections 2 & 3

Human Rights Act 1998

How has the Human Rights Act 1998 affected Statutory Interpretation?

Read the section within the text book and pick out the key words and

phrases.

Precedent

What is the relationship between Statutory Interpretation and

Precedent?

Once the courts have interpreted a statute that then becomes part of case

law in the same way as any other judicial decision, subject to the rules of

precedent

Precedent

How has our membership of the EU affected judges approaches to

Statutory Interpretation?

Growth of a more purposive approach & effect of S2(4) European Communities Act

1972 – all parliamentary legislation must be construed and applied in accordance with

Union law – R v Secretary of State for transport, ex parte Factortame(1990) - pg

103

Plenary

Think about everything we have learnt about regarding Statutory Interpretation.

Come up with ideas on what you would have done if you had taught this topic. Think

about:What activities you would have used

How you would have checked understanding

What types of starters or plenaries could you have used?

Period 2

Complete the worksheet using the textbook and the internet sites:

sixthformlaw.info and a-level-law.co.uk

If you complete this you will be given a country and you need to research it.