Interpreting Legislation PDF

WEEK TWO 2.3 AN APPROACH TO READING LEGISLATION  HOW TO START…. Skim through the legislation as a whole to get an idea of its structure, content and overall purpose. Take note of the title; the objects clause; the table of provisions; the use of section numbers and headings;...

WEEK TWO 2.3 AN APPROACH TO READING LEGISLATION  HOW TO START…. Skim through the legislation as a whole to get an idea of its structure, content and overall purpose. Take note of the title; the objects clause; the table of provisions; the use of section numbers and headings; the definitions section. Then find the sections most relevant to your enquiry. Read them and the surrounding sections. Follow up any cross-references to other sections. Check for defined terms. Here’s another example….  INTERPRETING LEGISLATION Sometimes, the meaning of a section in legislation is uncertain. It might be argued that the section could mean one thing rather than another; or that it could be applied either widely or narrowly. Such situations involve interpreting the legislation to ascertain its proper meaning. Rules of interpretation should be applied to resolve interpretation questions. In outline, these rules are: The literal approach. Give the words used their ordinary, natural meaning. Use a good dictionary to determine this. The ‘golden rule’. If the literal approach gives an absurd result, or one that is repugnant, or which is inconsistent with the overall act, modify the literal meaning to the extent necessary to avoid the absurdity or inconsistency. The ‘purpose’ approach. If the literal approach does not give a clear and unambiguous meaning, and as a general aid to the literal approach, ascertain the meaning of words by having regard to the purpose of Parliament when it passed the Act. Choose the meaning that best serves that purpose.  INTERPRETING LEGISLATION (CONT) For the purpose approach, Intrinsic evidence of the legislature’s purpose can be found in: Objects sections, titles, long titles The structure of the act, including divisions and headings Information in schedules or annexures Information in other sections of the act Extrinsic evidence of the legislature’s purpose can be found in: Parliamentary papers, reports and documents, including 2nd reading speech Reports of law commissions and committees Background documents, e.g. international treaties and agreements Having applied the various rules of interpretation, state your final conclusions.  NOTE… There are other, more specific, rules of interpretation that may assist in particular cases. Some of them have long Latin names. You will see these explained in the FPBL textbook. These are not examinable in PBL.