Table of Contents
When considering the rules of interpretation of legislation what is a purposive approach?
The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.
What do you understand by presumption against tautology?
[242] Like the presumption of consistent expression, the “presumption against tautology” may be rebutted by providing a possible meaning for a potentially tautologous word that would not render it superfluous or meaningless, or by submitting reasons for why, in the particular word choice, the legislature may have …
What is Driedger modern principle?
Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.
What are the general principles of construction of statute?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.
What is statute in pari materia?
To summarize, statutes are considered to be in pari materia to pertain to the same subject-matter when they relate to the same individual or things, or to the same class of people or thing, or have the same reason or object.
What is Ejusdem generis law?
Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply …
What are the limitations of Ejusdem generis?
The Doctrine of Ejusdem Generis cannot be applied in the following conditions: If the general words are there before the specified words then this doctrine cannot be applied. Therefore it is necessary that specific words must be followed by the general words.
What is construction in interpretation of statutes?
2. What is construction of statutes? Construction, in strict sense, is the process by which the court assign the meaning to the ambiguous provision which is beyond the letter of law for the purpose to resolve the inconsistency.
What is statutory interpretation in law?
“Statutory interpretation is an exercise which requires the court to identify. the meaning borne by the words in question in the particular context.” 17. 25. The courts look at the words in question and use principles of interpretation, which.
How do judges interpret statutes?
The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning.
What is Ejusdem generis in interpretation of statutes?
Ejusdem generis, or literally “of the same kind or class,” is a long-standing principle of both contract and statutory interpretation. It provides that, where a general word or phrase follows a list of specific terms, the general word will be interpreted to include only items of a similar nature to the terms specified.