Statutory Interpretation (2) Aids To Stautory Interpretation Flashcards Preview

M9113: Legal Methods > Statutory Interpretation (2) Aids To Stautory Interpretation > Flashcards

Flashcards in Statutory Interpretation (2) Aids To Stautory Interpretation Deck (5)
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1

What are some use presumption to ASI?

- criminal and revenue statutes are to be interpreted restrictively
- the common law is not to be overruled except explicitly
- Parliament does not intent to act contrary to international law
- statutes are not to be interpreted retrospectively
- every word in legislation is there for a reason, it has effect.
- the statute uses words with internal consistency (e.g. welfare in as 11 and 16 of the children (s) Act 1995)

2

What’s a presumption?

‘An idea that is taken to be true on the basis of probability’

This is not a rule but a starting point.

3

What’s the Eiusdem Genesis rule?

Things within the same category/ you interpret other thing in the same genus

E.g. Powel v Kempton 1899. Other Places for betting?

4

What’s Noscitur a sociis?

You are known by the society you keep

E.g. SPUC profile Scotland v Scottish minster 2019

5

What’s the meaning of expressio unius est exclusio alteruis?

The explicit inclusion of a thing is the implicit exclusion of everything else

E.g R v Caledonian Ry co 1850