Law 2101 Chapter Notes - Chapter 1: Statutory Interpretation, Mischief Rule, Plain Meaning Rule
8 Mar 2018
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Interpretation: meaning of words of statute is determined. Application: meaning is applied to facts of specific cases. Statutory interpretation best viewed as process that require the exercise of judgement in balancing ordinary meaning of words, context of entire statute, and purpose of statute. Courts rely on canons of interpretation which give clues on how problems of statutory meanings have been resolved in pasts -> canons called rules of statutory interpretation. Lord reid in maunsell v. olins: statutes are not servants or masters. Indispensable in formulating arguments used by counsel and judges to justify outcomes construction and they decide how much weight to attach to a rule. Historical rules of interpretation: mischief rule: statutes were construed according to their object, with relatively little importance attached to actual words used was not important. Grew out of conditions of 18th century lawmaking. Heydon"s case (1584): statutes constructed according to their purpose and actual wording.
