Statutory Interpretation Methods and Case Law

Legal Method System

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Stating main methods judges use to interpret statutes.................................................................3
CONCLUSION................................................................................................................................7

INTRODUCTION
In UK, Parliament is considered as the highest source of law that court must apply and
enforce while resolving issues. Once parliament has passed an Act, then court applies statue in a
particular case. Further, rules have been developed by the court which in turn provides assistance
to the judges in interpreting statues more effectually. In this, the present report will provide
deeper understanding about the methods that can be used by judiciary party for interpreting
statues. Besides this, report will also shed light on the primary and secondary rules of
interpretation.
Stating main methods judges use to interpret statutes
Statutory interpretation may be defined as a process by which court interprets and apply
legislation. When case involves statue then some amount of interpretation is highly required.
From assessment, it has found that some statues have plain and straightforward meanings,
whereas others include ambiguity. In UK, Parliament makes law and judges play a vital role in
interpreting the same considering their discretion as well as creative power. Hence, to assess or
find out the appropriate meaning of statues various tools and methods are undertaken by the
judge for statutory interpretation. This in turn includes traditional canon of statutory
interpretation, legislative history and purpose.
Hence, considering the overall evaluation it can be presented that statutory interpretation
is required where complexity and uncertainty occurs. Further, it has assessed from the evaluation
that there are several instances where judge feel requirement in relation to interpreting statues
further. Hence, statutory interpretation is undertaken when failure of legislation in relation to
covering specific point has assessed. Hence, with the motive to provide innocent party with
suitable judgment, in 1978, Interpretation Act has passed by the Parliament. On the basis of this,
by taking into account the general rules setting out by the Parliament court can interpret Act
more effectually. Main rules that were setting out for the purpose of interpretation include literal,
golden and mischief.
Primary and Secondary rules of interpretation
Literal rule