Interpretation of Statutes: Rules, Aids and Maxims
This domain tests whether you select the correct rule of construction and apply it to awkward statutory wording.
Primary rules
- Literal rule: ordinary grammatical meaning, even if harsh.
- Golden rule: literal meaning, but avoid absurdity or repugnancy; modify only to reach the plain intention.
- Mischief rule (Heydon's Case, 1584): consider the law before the Act, the mischief, the remedy Parliament provided, and the true reason.
- Purposive approach: advance the statute's object.
- Harmonious construction: reconcile seemingly conflicting provisions.
Aids
Internal: long title, preamble, headings, marginal notes (not decisive), definitions, provisos, illustrations, schedules, punctuation. External: committee reports, Law Commission reports, parliamentary debates (limited use), dictionaries, foreign decisions, contemporanea expositio.
Maxims
- Ejusdem generis: general words after an enumeration take colour from it.
- Noscitur a sociis: meaning from surrounding words.
- Expressio unius est exclusio alterius.
- Generalia specialibus non derogant: special prevails over general.
- Ut res magis valeat quam pereat: prefer the interpretation that makes the provision work.
- Reddendo singula singulis: match words to their respective objects.
Worked example
An Act taxes "cars, buses and other vehicles". A bicycle is a vehicle, but ejusdem generis restricts "other vehicles" to motorised passenger vehicles of the preceding class, so bicycles are outside. A proviso granting refunds cannot enlarge the charging section; it only carves out an exception.
Traps
The mischief rule does not license rewriting; a proviso is not an independent section; headings and marginal notes are aids, not operative text; taxing and penal statutes are strictly construed but not so as to defeat the object; retrospectivity requires express words or necessary implication.