The 4 rules of Statutory Interpretation

By P.K.

The Literal Rule The literal rule is used by judges to look at the literal meaning of words in an Act. Lord Escher expressed similar views to this rule in R V Judge of the City Of London Court saying "if the words of an Act are unclear you must follow them even though they lead to a manifest absurdity" The Golden Rule The golden rule also looks at the literal meaning of words of an Act but allows the court to avoid an interpretation which may lead to an absurd result. Their are two applications of the golden rule: 1.The Narrow apllication This is used when there are ambiguous words involved in the Act, and this application allows the court to choose the most suitable meaning of the ambiguous word/phrase to avoid an absurd decision from occuring. (example of use in: R v Allen) 2.The Broad/wider application This application is used when words in an Act have one clear meaning, but that meaning would lead to a repugnant situation (Such as in the case of Re Sigworth) and the golden rule will then be used to change the words in the Act to avoid this situation from occuring. The Mischief Rule Derives from Heydons Case and involves looking at Parliament's intention for the Act, by determining the defect that the statute in question is trying to remedy. (Used in Smith V Hughes) The purposive approach This rule goes further than the mischief rule in that it not only allows judges to look at the defect that the statute in question is trying to remedy, but also it allows judges to decide what they believe parliament wanted to achieve. (it creates more scope for undemocratic law making). This rule was used in R (Quintavalle) v Secretary of State.

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Types of Legislation The type of measures that Congress may consider and act upon (in addition to treaties in the Senate) include bills and three kinds of resolutions. They are: 1. Bills These are general measures, which if passed upon, may become laws. A bill is prefixed with S., followed by a number assigned the measure based on the order in which it is introduced. The vast majority of legislative proposalsrecommendations dealing with the economy, increasing penalties for certain crimes, regulation on commerce and trade, etc., are drafted in the form of bills. They also include budgetary appropriation of the government and many others. When passed by both chambers in identical form and signed by the President or repassed by Congress over a presidential veto, they become laws. 2. Joint Resolutions A joint resolution, like a bill, requires the approval of both houses and the signature of the President. It has the force and effect of a law if approved. There is no real difference between a bill and a joint resolution. The latter generally is used when dealing with a single item or issue, such as a continuing or emergency appropriations bill. Joint resolutions are also used for proposing amendments to the Constitution. 3. Concurrent Resolutions A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is used for matters affecting the operations of both houses and must be passed in the same form by both of them. However, they are not referred to the President for his signature, and they do not have the force of law. Concurrent resolutions are used to fix the time of adjournment of a Congress and to express the sense of Congress on an issue. 4. Simple Resolutions It is usually designated with P. S. Res. A simple resolution deals with matters entirely within the prerogative of one house of Congress, such as adopting or receiving its own rules. A simple resolution is not considered by the other chamber and is not sent to the President for his signature. Like a concurrent resolution, it has no effect and force of a law. Simple resolutions are used occasionally to express the opinion of a single house on a current issue. Oftentimes, it is also used to call for a congressional action on an issue affecting national interest.