12 Questions
What is the primary duty of the court when interpreting the words used in legislation?
To interpret the words according to their ordinary grammatical meaning
What does the Latin maxim 'absoluta sententia expositore non indiget' mean?
An absolute sentence or preposition needs not an expositor
What is the rule known as when the words of a statute are clear and unambiguous?
Rule of literal construction
When may a wider interpretation be adopted over a narrower one in statutory interpretation?
When the narrower interpretation fails to achieve the manifest purpose of the legislation
What is the significance of interpretation in relation to statute law?
It helps in understanding the true sense of words used in legislation.
Which agency is concerned with the interpretation of statutes?
A separate agency unrelated to the process of statute making
What is the difference between 'legal' and 'doctrinal' interpretation?
Legal interpretation binds the judge to place a certain interpretation, while doctrinal interpretation goes beyond the words to discover the intention of the statute.
What is Jolowicz's classification of 'legal' interpretation?
When there is an actual rule of law which binds the Judge to place a certain interpretation
What does 'verbal construction' refer to in the context of statutory interpretation?
Expressing the intention of the statute without ambiguity
What is the focus of grammatical interpretation in statutory interpretation?
Emphasis on 'what the law says' based on the words and expressions used in a statute
When is logical interpretation important in statutory interpretation?
Ascertaining what the law means based on inferred intentions
What should the court refrain from doing in statutory interpretation according to the text?
Adding to or modifying any word or phrase used in an enactment
Study Notes
Statutory Interpretation
- The primary duty of the court when interpreting the words used in legislation is to determine the intention of the legislature.
Latin Maxim
- The Latin maxim 'absoluta sententia expositore non indiget' means "an absolute judgment needs no expositor," implying that when the words of a statute are clear and unambiguous, they do not require interpretation.
Clear and Unambiguous Statutes
- When the words of a statute are clear and unambiguous, the rule is known as the "literal rule."
Wider Interpretation
- A wider interpretation may be adopted over a narrower one when the literal meaning of the words would lead to an absurd or unjust result.
Significance of Interpretation
- Interpretation plays a crucial role in statute law as it helps to determine the meaning and application of legislation.
Agency Involved
- The judiciary is the agency concerned with the interpretation of statutes.
Types of Interpretation
- "Legal" interpretation refers to the interpretation of a statute in relation to other laws and the legal system as a whole.
- "Doctrinal" interpretation focuses on the principles and policies underlying a statute.
Jolowicz's Classification
- Jolowicz's classification of 'legal' interpretation includes three categories: linguistic, logical, and systematic.
Verbal Construction
- Verbal construction refers to the process of interpreting the words and phrases used in a statute.
Grammatical Interpretation
- The focus of grammatical interpretation is on the grammatical meaning of the words used in a statute, including their syntax and punctuation.
Logical Interpretation
- Logical interpretation is important when the literal meaning of the words would lead to an absurd or unjust result, and the court must use logical reasoning to determine the intended meaning.
Court's Refrain
- The court should refrain from adding words to a statute or altering its wording to fit the court's perception of the intended meaning.
Test your knowledge of statutory interpretation with this quiz. Explore the principles and methods used to interpret statutes, and understand how legal intentions are inferred from statutory text.
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