What is the modern principle?
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a …
What are the four main steps to statutory interpretation?
There are four main steps to statutory interpretation. They are: get the facts, locate a relevant statute, analyze the statute, conclude. This statute has four elements.
What is the modern principle of statutory interpretation Canada?
Since the Supreme Court of Canada’s decision in Re Rizzo & Rizzo Shoes Ltd., 1998 1 S.C.R. 27, Canadian Courts have echoed the mantra that the modern approach to statutory interpretation involves a “textual, contextual and purposive analysis of the statute or [the] provision in question”.
What is meant by statutory interpretation?
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. … But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge.
What are the principles of statutory interpretation?
The basic principles governing statutory interpretation are repeatedly stated, without apparent disagreement, in decisions of the High Court of Australia. According to the author, they involve deriving meaning from close consideration of the text, context and purpose (policy) of any contested provisions.
What are the principles of interpretation?
General Principles of Interpretation
- The Primary Rule: Literal Interpretation.
- The Mischief Rule: Heydon’s Rule.
- Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat.
- Rule of Harmonious Construction.
- Rule of Ejusdem Generis.
What is the modern approach to interpreting legislation How does the modern approach work?
The ‘modern approach’ to interpretation requires that effect be given to the ordinary meaning of a statutory text in its wider context and with reference to its purpose.
What is the purpose of an interpretation Act?
An Act to provide for the construction and interpretation of Acts of the National Assembly and certain other instruments; and for purposes connected therewith. 1. This Act shall apply to the provisions of any enactment except in so far as the contrary intention appears in this Act or the enactment in question.
What are the principles of constitutional interpretation?
Principles of Constitutional Interpretation
- Principle of Constitutional Interpretation.
- Doctrinal Approach.
- Doctrine of Pith and Substance.
- Doctrine of Eclipse.
- Doctrine of Severability.
- Purposive Interpretation.
- Textual Approach.
Which one of the following Act is the main statutory law for the interpretation of law?
Interpretation Act 1987 No 15.
What is the first main principle of interpretation?
This rule is also known as the Plain meaning rule. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The words in an enactment have their own natural effect and the construction of an act depends on its wording.
What is statutory interpretation?
The aim of statutory interpretation is to arrive at the legal meaning of legislation, or in other words, the meaning that conveys the legislative intention. The primary indication of legislative intention is the legislative text, read in context and having regard to its purpose.
What is rule of Ejusdem generis?
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.
Is Driedger’s principle a valid method for interpreting statutes?
As a result, Driedger’s principle provides neither a valid method for interpreting statutes nor a suitable structure for the courts’ justification of interpretive decisions. One should not see in it more than a good starting point for statutory interpretation.
What is the modern principle of statutory interpretation in Canada?
The governing approach to statutory interpretation in Canada is the so called “modern principle” of statutory interpretation. The modern principle, first formulated by Elmer Driedger and adopted as the prevailing approach to statutory interpretation by the Supreme Court of Canada in Rizzo, is as follows:
What is Elmer Driedger’s modern principle?
In the last 20 years, Elmer Driedger’s “modern principle” has emerged as THE expression of the Supreme Court of Canada’s preferred approach to statutory interpretation.
Does Driedger’s principle matter in Canadian law?
The authors examine this fundamental development in Canadian law, including the variable relations between Driedger’s quote and the Court’s use of it, the different circumstances in which the principle is invoked and its influence on the caselaw of other superior courts in the country.