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Approaches to Statutory Interpretation

Statutory interpretation is the process of determining the meaning and purpose of a law (statute) passed by a legislative body. There are several approaches to statutory interpretation, including:

Literal approach. This approach involves interpreting the words of a statute according to their ordinary and grammatical meaning, without considering the legislative intent or purpose behind the law. This approach is also known as the "plain meaning" or "textualist" approach.

Purposive approach. This approach considers the legislative intent and purpose behind the law, and seeks to interpret the statute in a manner that furthers its overall objective. This approach is also known as the "teleological" or "contextual" approach.

Golden rule approach. This approach is a modified form of the literal approach, and involves using the literal approach unless it leads to an absurd result. In such cases, the court may depart from the literal interpretation and adopt a purposive approach.

Mischief rule approach. This approach is based on the idea that the purpose of a statute is to remedy a particular mischief or defect in the law that existed prior to the passage of the statute. The court must interpret the statute in a manner that advances this remedial purpose.

Harmonious construction approach. This approach involves interpreting a statute in a manner that is consistent with other laws and the Constitution, and avoids interpreting it in a way that leads to an absurd or unjust result.

These are the main approaches to statutory interpretation used by courts which often adopt a combination of these approaches when interpreting a statute.

Check out our study notes for Legal System and Method to learn more about this topic.

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Impact of EU membership & the Human Rights Act 1998 on English statutory interpretation

Profile image of Nabil Khairul Anwar

A discussion on how membership of the European Union and S3 of the Human Rights Act 1998 have influenced the approach of the English judiciary to statutory interpretation.

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statutory interpretation essay studocu

Peter Skrandies

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The interpretative obligation of the UK courts pursuant to s.3(1) of the HRA 1998 has greatly expanded the ambit of statutory interpretation as a method of protecting human rights in this jurisdiction. The framers of the Act, fully cognisant of the difficulty of reconciling the seemingly competing aims of domestic legal protection of human rights and continued parliamentary sovereignty, introduced a delicate mechanism in sections 3 and 4 to achieve both objectives. It will be argued that the House of Lords’ seminal decision in Ghaidan v Godin-Mendoza has served to rather clearly demarcate the outer boundary of what is ‘possible’ under s.3(1), after clear differences in judicial opinion had emerged. Bearing that in mind, notable human rights cases concerning sentencing and terrorism law will be used to demonstrate that there are situations in which a section 4 declaration of incompatibility is the only appropriate option. Overall, s.3(1) has significantly enhanced judicial protection of human rights without the courts having usurped the role of Parliament. Whether this balance can be maintained as the senior judiciary change depends on the extent to which the precedents that have been set will be followed, which is likely as the HRA jurisprudence matures further.

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This article discusses the current jurisprudence from UK Courts and Tribunals under section 2 of the Human Rights Act 1998, particularly the duty to take into account any relevant judgment, decision, declaration or advisory opinion of the European Court of Human Rights or its associated bodies when determining a question concerning a Convention Right. It argues that the current practice of domestic Judges of deferring to the views of the Strasbourg Court and following its approach even when considering it manifestly incorrect is unsatisfactory and ought to be replaced by a more flexible approach which recognises the original intent of Parliament to create a legislative instrument to be understood within the traditions of the British State.

Shifan Tariq

Human rights as a discipline has entered into a colossal era, where everyone seems to emphasize its importance; may it be global or domestic. In fact, it is largely attributable to the post-WWII reconciliation efforts of the world powers. A rather recent addition to this, is Regional organizations , such as the European Union, which engages itself in protecting the interests of the people within its ambit. The UK is also a member to this union since 1973. Herein ,they devise polices & articulate dialogue between member states, so that they can define standards & make way for those laws that are applicable within their region. One such common initiative was the Convention for the Protection of Human Rights and Fundamental Freedoms [European Convention on Human Rights (ECHR) ] – 1950. Member states were to give supremacy to the EU laws over their local legislations, so as to ensure that member states do not put up any local enactments in contravention to the ECHR. This ideally should gives the judiciary its right to strike down inconsistent legislation`s , when there is a conflict between national laws & the ECHR. However, it remains a fact of argument is many EU states, especially in the UK where the Parliamentary supremacy remains an integral part of the democratic system of governance, Wide spread uncertainty remains on whether the EU laws should remain supreme within the UK. It should also be noted that the UK Parliament had passed the European Communities Act in 1972, which meant that , the country choose to bring EU laws into the English laws. As a result of which all existing human rights laws within the UK were to interpreted as per ECHR. But the problem becomes much more critical when considering the English laws that were enacted after passing the Act & still remained inconsistent with the EU laws. The English Courts have conflicting views on how the situation as, what was mentioned above should be handled. Different judges have taken different approaches. So the ultimate question of protecting human rights inculcated within the provisions of the ECHR, remains at the hands of the judges. Therefore it becomes so important for every law abiding citizen in UK to know the plight of its human rights laws & if at all there has been a compromise of its legislative supremacy.

Alice Donald

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A paper written, with Keir Starmer for Amnesty International in 1998, reviewing the significance of the incorporation of the European Convention into British law by the first term Labour government, with recommendations for how this could be integrated into a human rights-based foreign policy

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European human rights protection, ensured by the European Convention and Court of Human Rights, is declared to be universal and inclusive, protecting not only citizens of Europe but also anybody residing within the jurisdiction of the signatory countries. This article challenges this declaration and argues, with the help of some examples from the case law, that European human rights protection is based on the defined concepts of European-ness that exclude the perceived non-European within the Convention and the Court system.

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The European Convention Human Rights system, despite being the most effective system in providing individual protection of civil and political rights, is currently facing numerous problems. One of the biggest problems is the European Court of Human Rights overload. The expansion of the Court's caseload can be attributed to a combination of several factors one of which is the extensive judicial interpretation of Convention rights to a variety of claims, which at the inception of the system states were not initially intent upon addressing. As a human rights treaty where numerous provisions have been drafted with a lack of precision the Convention is subject to interpretation that is done by the Court since the judges have to interpret and define law in concrete situations, and not just apply it. For that reason the Court has developed numerous principles of interpretation of the Convention and this paper looks at the most important ones. The interpretative principles of the Court can be divided in two groups, related to the direction in which the judicial creativity led. The first group represents judicial self-restraint principles of interpretation where the judges used one of the four following principles: intentionalism, textualism, margin of appreciation or the doctrine of fourth instance. On the other side, the judicial activist methods of interpretation, as used by the judges’ of the Court are the living instrument doctrine or evolutive interpretation, the doctrine of effectiveness or innovative interpretation, and the doctrine of an autonomous concept. This paper will look at all those principles as well as at the negative consequences of the inconsistency of their use.

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Statutory Interpretation as Argumentation

  • First Online: 03 July 2018

Cite this chapter

statutory interpretation essay studocu

  • Douglas Walton 7 ,
  • Giovanni Sartor 8 , 9 &
  • Fabrizio Macagno 10  

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This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: (1) a formalization of the canons of interpretation in terms of argumentation schemes; (2) a dialectical classification of interpretive schemes; and (3) a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems.

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Acknowledgement

Fabrizio Macagno would like to thank the Fundação para a Ciência e a Tecnologia for the research grants no. IF/00945/2013, PTDC/IVC-HFC/1817/2014, and PTDC/MHC-FIL/0521/2014. Douglas Walton would like to thank the Social Sciences and Humanities Research Council of Canada for Insight Grant 435-2012-0104.

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Walton, D., Sartor, G., Macagno, F. (2018). Statutory Interpretation as Argumentation. In: Bongiovanni, G., Postema, G., Rotolo, A., Sartor, G., Valentini, C., Walton, D. (eds) Handbook of Legal Reasoning and Argumentation. Springer, Dordrecht. https://doi.org/10.1007/978-90-481-9452-0_18

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  13. (Pdf) a Comparative Analysis of Common-law Presumptions of Statutory

    PRESUMPTIONS OF STATUTORY INTERPRETATION 579 For De Ville the Constitution is an example of a remedial instrument designed to address the injustices of the past.253 In Gcaba v Minister for Safety and Security the Constitutional Court confirmed that "legislation must not be interpreted to exclude or unduly limit remedies for the enforcement of ...

  14. Impact of EU membership & the Human Rights Act 1998 on English

    However, the accession of the UK into the European Union in 1973 and the introduction of the HRA 1998 have changed the manner in which English judges approach statutory interpretation. This essay will assess if these changes have influenced the approach of statutory interpretation by the English judiciary and if so, the extent to which these ...

  15. PDF Statutory Interpretation as Argumentation

    an interpretation is more acceptable than others (Macagno 2017). At this functional level, such interpretive reasons are regarded as arguments (Macagno and Capone 2016) aimed at showing why a particular rule, rather than another, is valid on the basis of the statutory text (Hage 1996, 215). In statutory interpretation, such argu-

  16. The Theoretical (and Constitutional) Underpinnings of Statutory

    83 Botha Statutory Interpretation: An Introduction f or Students (2005) 109. 84 Le Roux (n 36) 389. 85 Messenger of the Magistrate' s Court, Durban v Pillay 1952 3 SA 678 (A).

  17. Fordham International Law Journal

    gest.4 The object of all interpretation lies in the true intention of the lawmakers, whether they be framers of a constitution or a treaty, legislators, or drafters of secondary legislation. Its pursuit at the Court demands of the common lawyer a readiness to set sail from the secure anchorage and protected haven of "plain words" and to explore ...

  18. Statutory Interpretation Essay

    In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation.