Statutory Interpretation

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Statutory Interpretation

The process by whereby judges attribute meanings to words in a statute

in order to apply the relevant statute to a case to reach a decision.

There are two approaches: Literal and Purposive.

The literal approach is where the words are given their plain,

ordinary and grammatical meanings.

The purposive approach is when the judge looks at the intentions of

parliament.

Aids available:

There are two types of aids available for statutory interpretation,

they are Internal aids, which are included within the act, or External

aids that are not included within the act.

INTERNAL AIDS

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These are most likely to be used when the literal or golden rules are

being applied, but might also be useful in finding the purpose of the

act.

These parts of the act can be used so long as they do not conflict

with the clear enacting words of a statute:

* Preamble (often found in old statutes, setting out what acts must

do; private acts must have them)

* Long Title (sets out the aim of the Act)

* Short Title

* Definitions section (helps with the literal approach, as words are

given their meaning)

Punctuation is disregarded, as it was not originally used.

EXTERNAL AIDS

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These are mostly used by judges trying to find the purpose of the act.

The following have been traditionally used:

* Historical setting

* Other statutes

* Textbooks

* Previous practice in the field covered by the statute

* Treaties and international obligations

* Subordinate legislation

* Dictionaries (used for the golden and literal rules)

* Reports made by the law reform agencies can be used. (since

Black-Clawson 1975, where H/L said official reports preceding the

statute can be considered as evidence of the pre-existing state of

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