4. The interpretation of statutes

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Golden Rule ◽  
Subject Area ◽  
Statutory Interpretation ◽  
Modern Times

This chapter explains the problems of statutory interpretation and how the courts approach the problems. The traditional rules of statutory interpretation, the literal rule, the golden rule, and the mischief rule are explained and the problems associated with their use explored. In modern times the courts now employ a more purposive approach to interpretation using a range of intrinsic and extrinsic aids to interpretation. These include the long title, preamble, cross-headings, marginal or side notes, punctuation, Explanatory Notes, Interpretation Act 1978, pre-parliamentary materials, parliamentary materials—Hansard, statutes on the same subject area— statutes in pari materia, and dictionaries. Rules of language may be employed, e.g. the ejusdem generis rule, the noscitur a sociis rule or the expressio unius est exclusio alterius rule.

4. The interpretation of statutes

2020 ◽  
pp. 115-162
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Subject Matter ◽  
Golden Rule ◽  
Case Law ◽  
Statutory Interpretation ◽  
Modern Times

This chapter explains the significance of statutory interpretation and how problems of interpretation arise. The chapter considers in detail the courts’ approach to interpretation, and traditional rules such as the literal rule, the golden rule, and the mischief rule are all analysed with examples from the case law. In modern times the courts employ a more purposive approach to interpretation, and there is coverage of how this approach works in practice. In particular, the chapter outlines a range of intrinsic and extrinsic aids to interpretation that the courts can rely on in interpreting an Act of Parliament. Among others, these aids include the long title, cross-headings, marginal or side notes, dictionaries, pre-parliamentary materials, statutes on the same subject matter, and, most notably, Hansard. The chapter concludes with an overview of the rules of language, namely ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius.

9. Interpreting Statutes

2019 ◽  
pp. 269-325
Author(s):  
James Holland ◽  
Julian Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
Golden Rule ◽  
The European Union ◽  
Statutory Interpretation ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the European Union; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.

scholarly journals The Golden Rule in Thomas Reid's System of First Principles of Morality

TECHNOLOGOS ◽  
2021 ◽  
pp. 22-33
Author(s):  
Artemyeva Olga
Keyword(s):  
First Principles ◽  
Golden Rule ◽  
Human Relations ◽  
Classical Formula ◽  
Moral Concept ◽  
Sermon On The Mount ◽  
Modern Times ◽  
Moral Duties ◽  
The Subject ◽  
Normative Content

In Modern times, the Golden Rule, the classical formula of which is contained in the Sermon on the Mount Matthew 7:12, is the subject of discussion in a number of moral and philosophical teachings as a specifically moral concept that partially or completely expresses the normative meaning of morality. It is in the Moderntimes that the rule gets its name of the Golden one. In the article, the modern understanding of the Golden Rule is considered on the basis of Thomas Reid’s ethics, who included the rule formula among the first principles of morality, i.e. self-evident principles that constitute moral thinking, determine moral reasoning, from which the entire system of moral duties is derived, and any person who seeks to understand what his duty is in specific circumstances, based on them, can do this. The main purpose of the Golden Rule, Reid saw in the fact that its application allows you to overcome the individual's partiality for himself and prejudice against others – which turns out to be destructive for human relations. He considers the Golden Rule as the rule of impartiality. The article shows that the special place that Reid assigned to the Golden Rule in the system of first principles was determined by the fact that (1) Reid described only the Golden Rule as the rule of the Divine teacher and overshadowed with the authority of the law and the prophets; (2) he described the rule as “the most comprehensive”, i.e. extending its effect to all possible relations between people – equal and unequal, including the relation of a person to himself, and all types of duties (to himself and others, perfect and imperfect). The article concludes that Reid presented the Golden Rule as an expression of the entire normative content of morality. Therefore, although he did not build a hierarchy of first principles, we can conclude that the Golden Rule by the very logic of Reid in his system turns out to be the highest.

public policy, a particularly favoured device in the 1960s and 1970s. Reliance on public policy rationale can be referred to as the ‘grand style’ or the ‘teleological’ approach. Cases may also turn on the form of the statute itself, that is, its internal context. Much of the analysis engaged in here is at the level of the internal. However, never forget the external world context. Judges who rigidly adopt the internal approach are often referred to as formalists. Such judges say that they do not create law, they find it. They find it by following the pathways of the rules of statutory interpretation by moving within the document this is the statute. A closer consideration of the simplest definitions of the rules of statutory interpretation enables the classification of the literal rule as the formalist approach and the mischief rule as the teleological approach. The golden rule, of course, allows one to ignore the formalist approach of the literal rule. It is most likely to result in a teleological approach as the judge, through the golden rule, is released from formalism! (See Figure 3.2, above, in Chapter 3.) 4.8.2 Case study of Mandla v Dowell Lee Read the extract from the judgment of Lord Fraser in the case of Mandla v Dowell Lee [1983] 1 All ER 118 in Appendix 1 and then read and reflect on the following discussion based upon the reading of the judgment as giving examples of formalism and a teleological approach. The case of Mandla v Dowell Lee involved the interpretation of legislative provisions in the Race Relations Act 1976 and went through both appellate courts (the Court of Appeal and the House of Lords) surrounded by much publicity. The crux of the case concerned whether Sikhs constituted an ethnic group and could claim the protection of the Race Relations Act 1976. The Court of Appeal decided that Sikhs did not constitute a racial group and could not claim the protection of the Race Relations Act. It was an unpopular decision, taken two days before Lord Denning MR’s retirement as Master of the Rolls (the senior judge in the Court of Appeal) and caused rioting in the streets before a quick reversal of the Court of Appeal’s decision by the House of Lords. The particular legislative provisions were ss 1 and 3 of the Race Relations Act 1976. Section 3 was the gateway provision. If this section gave Sikhs protection, then the Act applied and the claim under s 1 could be made. More particularly, the entire case revolved around the interpretation of three words. The meaning of the word ‘ethnic’ in s 3 and the meaning of the words ‘can’ and ‘justifiable’ in s 1. The case is a good example of the movement from theoretical rules to their interpretation and application in reality; a movement from rules in books, to the legal construction of reality. It is also a good illustration of the power of the appellate court to determine the meaning of legislation. The facts of the case were that Mr Mandla, a Sikh, wanted his son to go to a private secondary school. The child was offered a place which was subsequently revoked when the father informed the school that the child would not remove his turban as school uniform rules required. The headmaster stated that the rules concerning uniform were rigid and that other Sikh pupils removed turbans during

2012 ◽  
pp. 118-118
Keyword(s):  
Public Policy ◽  
Race Relations ◽  
Golden Rule ◽  
Statutory Interpretation ◽  
House Of Lords ◽  
School Uniform ◽  
1960S And 1970S ◽  
The 1960S ◽  
Internal Context ◽  
Court Of Appeal

Modern Times and Marriage

1972 ◽  
Vol 17 (10) ◽  
pp. 550-551
Author(s):  
H. A. KORN
Keyword(s):  
Modern Times
Sign in / Sign up

Export Citation Format

Share Document