Flashcards in Statutory Interpretation (2) Aids To Stautory Interpretation Deck (5)
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)
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.
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?
What’s Noscitur a sociis?
You are known by the society you keep
E.g. SPUC profile Scotland v Scottish minster 2019