Statutory Interpretation Challenges

Imaginary Statutory Provision

• A person operating a vehicle in a park faces 6 months imprisonment and a $5000 fine.
• Potentially ambiguous terms: "vehicle," "park," "uses."
• A person producing/distributing a product, knowing lack of care may harm consumers, owes a duty of care. This includes goods and services intended for consumers without chance to be inspected after leaving the producer.

Statutory Interpretation: New and Old Challenges

• Words in statutes can be ambiguous.
• Words derive meaning from context, which is open to dispute.
• Disagreements occur over relevant context and resources for interpreting context.
• Statutory meaning involves both legislature and judiciary.
• Statutes are public pronouncements binding the public, while contracts are private agreements.
• Determining the "ratio" (legal reasoning) of a statutory provision is crucial, found within its context.

The Traditional Approach – Legislative Intent

• Determining legislative intent is complex and its existence can be questioned.
• Finding intent affects the judiciary's role and is connected to the separation of powers.

Interpretation Rules

• Literal/Plain Meaning Rule: Applies ordinary meaning even with absurd results.
• Golden Rule: Use ordinary meaning unless absurd/inconsistent with statute, then adjust to avoid.
• Mischief Approach: Interpret to address the issue the statute sought to correct at common law.
• Purposive Approach: Determine the statute's purpose and interpret provisions accordingly. Statutory purpose might differ from legislative intent.

Rationales for the Literal Rule

• Statute's text is the primary, if not sole, source of law.
• Text is a better reflection of legislative intent, and values consistency/predictability more.

Examples of Interpretation Rules in Use (Illustrative Cases)

• Literal Rule (Griffin v Oceanic): A statute calculating wage penalties for delayed payments to seamen was interpreted literally.
• Literal Rule (Fisher v Bell): An action in a shop window wasn't an "offer for sale" under contract law despite a statute prohibiting it.
• Literal Rule (Bob Jones University): Tax exemption for educational purposes was denied to a university practicing racial discrimination.
• Golden Rule (Re Sigsworth): A son who murdered his mother wasn't allowed to inherit from her estate due to public policy, demonstrating that the literal interpretation would be morally repugnant.