Statutory Interpretation
How Judges
Read the
Statute Laws
of Parliament
Main Courtroom of the high Court
of Australia
Role of the Courts
Recall the courts have two main roles…
1. To resolve disputes, both criminal and civil
2. To declare the law by…
creating new common law ex post facto
and
interpreting the meaning of statute law
Declaring the Statute Law
There can be uncertainty and dispute about
the meaning of statute laws.
Courts have the task of declaring the
meaning of statute law when the meaning
is unclear
Reasons for Unclear Statutes
Poor drafting: many bills are hurried through
parliament (flood-gated, guillotined etc).
Those drafting a bill may lack specialist
knowledge.
Inconsistencies & contradictions: parts of
the same Act may conflict with each other.
The Act may conflict with other Acts.
Acts are complex.
Reasons for Unclear Statutes
Wording and definitions: words may be
poorly defined by the Act or may have
multiple meanings is common usage. The
meaning of words may change over time.
Changing circumstances: Old laws may
need to be reinterpreted to fit new
developments eg. technology
Judicial Rules of Interpretation
Judicial rules are used to read unclear
statutes and declare the law.
1. Literal Rule
2. Golden Rule
3. Mischief (or Purpose) Rule
The Literal Rule
The Act is read by its plain meaning – exactly as
the words are written, the assumption being that
parliament has said what it means.
However, this can lead to absurd outcomes.
Pedestrians are not allowed on the freeway. A
person whose car has broken down and is
walking to the emergency phone is in breach of
the law. This is absurd.
The Golden Rule
If the Literal Rule yields an absurd outcome, the
judge will apply the Golden Rule.
When the usual meaning of a word causes unjust
outcomes, judges interpret the offending word to
reduce the absurdity.
Thus “pedestrian” is interpreted so as not to
include people walking to freeway phones in an
emergency. Such people are not pedestrians
and can’t be charged under the Act.
The Mischief Rule
Also called the Purpose Rule. If the Literal and
Golden Rules have failed to achieve a just
result, the judge will seek the wrong (or mischief)
that parliament was trying to legislate for and
interpret the Act in accordance with parliament’s
intention.
Parliament is clearly aiming to prevent people
walking on the freeway as regular pedestrians,
not trying to prevent broken down motorist
seeking help
Extraneous Materials
Judges will refer to the specific words of a section of the
Act itself for its meaning but sometimes the meaning is
still unclear. If this is the case then materials external to
the problem section of the Act may be consulted – These
are called Extraneous Materials
•
•
•
•
Standard English Dictionaries (Oxford Concise)
Legal Dictionaries (Butterworth’s)
Other sections of the same Act
Previous decisions – earlier interpretations of the same
Act or established interpretations of words
• Hansard – for Second Reading speeches and debate to
clarify parliament’s purpose
Interpretation Acts
Some states have Acts Interpretations Acts
(Interpretation Act WA 1984) which are laws
instructing judges on how to interpret other Acts.
This is done to restrict judicial freedom of
interpretation and make sure parliament’s
meaning is clear.
These Acts may define common terms and they
may force judges to apply the policy of the Act
before its literal meaning.
Legal Maxims
Legal maxims are principles of interpretation
used by judges to reach consistent
decisions.
• Ejusdem generis
• Noscitur a sociis
• Expressio unis est exclusio alterius
Ejusdem Generis
Latin: “of the same kind”
Applied to a list of words where a general word appears
after a list of specific words of a similar class. Parliament
knows that the list of all possible instruments is too long
and leaves it to the courts to interpret.
“the use of spear guns, spears, knives and other such
instruments is prohibited”
The words “other such instruments” will be interpreted in
line with spear guns, spears, knives – items used in
fishing
Noscitur a sociis
Latin: “by the company it keeps – to know a thing by its
associates”
The meaning of a word may be known from the
accompanying words. The word “disability” when alone
can mean many things – medical, legal (bankruptcy),
less able to perform etc etc.
“the insurer will pay the amount of $10 million in the
event of the insured’s illness, disability or death”
In the above line from a statute the meaning of “disability”
is clear – its is a medical meaning.
Expressio unis est exclusio alterius
Latin: “the express mention of one thing is to exclude all
others”.
Applied to a list of words where there are no general words
at the end of the list. If the word does not appear in the
list then parliament did not intend it to be prohibited.
“Riding of trail bikes is prohibited in National Parks, ‘A
Class’ Nature Reserves and Conservation Areas”
Riding trail bikes in ‘B Class’ Nature Reserves is permitted
because the express mention of the others excludes ‘B
Class’ Nature Reserves.
Interpretations and Precedent
Once a court has declared the statute law –
that is said what a statute means, that
interpretation is a precedent. Lower courts
must apply the statute as declared by
higher courts. Equivalent or superior
courts will regard the interpretation as
persuasive.