The problem is especially acute in instances where it is unlikely that Congress anticipated and legislated for the specific circumstances being disputed before the court. A statute shall not be interpreted so as to be inconsistent with other statutes. This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. does the use of a new cloning technique create an embryo within the meaning of statute enacted when embryos could only be created by fertilisation? Some amount of interpretation is often necessary when a case involves a statute. This is called the literal rule. , The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis - "of the same kinds, class, or nature,"  (2) Expressio unius est exclusio alterius - "the express mention of one thing excludes all others,"  (3) Noscitur a sociis - "a word is known by the company it keeps,"(4) In pari materia - "upon the same matter or subject," and (5) Common, technical, legal, or trade definition.. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. There are numerous rules of statutory interpretation. , Federal jurisdictions may presume that either federal or local government authority prevails in the absence of a defined rule. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. Five key principles: The modern approach to statutory interpretation requires consideration of context and purpose, rather than a literal approach to the interpretation of the words of a statute; Context and purpose may be considered at the first instance, and does not require that the meaning of the words of a statute is uncertain or ambiguous. There are two types of Rules of Interpretation with sub-categories: 1. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". Legislative bodies themselves may try to influence or assist the courts in interpreting their laws by placing into the legislation itself statements to that effect. Statutory Interpretations is the process by which Judges interpret Acts of Parliament. Not least for that reason, the principles of statutory interpretation require the kind of detailed attention that appears in this monograph. AU - Crawford, Lisa Burton. When looking at statutory interpretation it’s vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes; words can become ambiguous, meaning that there can be misperceptions made about whether or not individuals are right in their appeals. In my youth, thestatutory law of the State of New South Wales was collected in 12 manageablevolumes, supplementedby a three-volumeindex. Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. The two main theories of statutory interpretation— purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. All of the above methods may seem reasonable: The freedom of interpretation varies by area of law. Teleological interpretation: considering the, Menahem Pasternak, Christophe Rico, Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis, 23 Akron Tax Journal, 33 (2008) (, This page was last edited on 11 December 2020, at 23:40. In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. Sometimes the words of a statute have a plain and a straightforward meaning. is the law of statutory interpretation. ), Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special. Karl N. Llewellyn, Remarks on the Theory of Appellate Decision and the Rules of Canons About How Statutes are to be Construed, 3 Vand. If the language itself is straightforward and plain, it must be applied according to its terms. intersystemic statutory interpretation 1903 jurisdiction to another. Basic Principles of Statutory Interpretation Meaning of Interpretation or Construction While interpretation of a legal provision is always dependent of the fact of any given case, the application of a statutory provision would always depend on the exact facts of a given case. (c) Copyright Oxford University Press, 2013. 73, "Statutes" (West Group 2001). L. Rev. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. In these cases the federal law is held to be paramount. (e.g. These techniques assist in anticipating how a Court may interpret a Statute so as to facilitate a resolution or settlement of a matter prior to the necessity for Court determination. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the Department of Motor Vehicles (DMV). Some judges prefer Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. , However in the case of the European Union, a supranational body, the recitals in Union legislation must specify the reasons the operative provisions were adopted, and if they do not, the legislation is void.. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. This requires statutory construction. Accordingly, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. The principles governing the interpretation of a statute by a court in a common law setting are, by definition, common law principles and will evolve over time. Uniformity of Expression 10. Singer, Sutherland Statutory Construction, 6th Edition, Vol. Only Genuine Products. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. These provisions have many different names, but are typically noted as: In most legislatures internationally, these provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered non substantive and non-enforceable in and of themselves. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. A statute is an edict of the legislature and the conventional way of interpreting a statute is to seek the 'intention' of its maker. 75% of cases heard by the House of Lords are concerned with statutory interpretation. The ejusdem generis (or eiusdem generis, Latin for "of the same kind") rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. 395 (1950) republished with permission in 5 Green Bag 297 (2002). It now circles in the orbit of statute” –Kirby ACJ Public law and statutory interpretation are intertwined Parliamentary Sovereignty means that if there is a conflict between statute and common law, statute prevails. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute. Common Law Principles and Presumptions 9. Some of the canons are still known by their traditional Latin names. 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