Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wtssw Total loading time: 0 Render date: 2024-08-07T18:13:23.028Z Has data issue: false hasContentIssue false

8 - Interpreting legislation

Published online by Cambridge University Press:  05 June 2012

William Twining
Affiliation:
University of London
David Miers
Affiliation:
Cardiff University
Get access

Summary

Laws are made for men of ordinary understanding, and should, therefore, be construed by the ordinary rules of common sense.

In the area of statutory construction, context is critical.

Statutory provisions are read, used and interpreted by a wide variety of people: judges, magistrates and their clerks, members of tribunals, police officers, civil servants, officials in local authorities and other public bodies, employees in the privatised industries, trade union officials, architects, chartered surveyors, accountants, barristers, solicitors, shopkeepers, employers, students and others. For many of these the application of a statutory provision in a given instance will usually be a routine matter. Where doubts do arise about its scope or meaning, or about its relationship with other provisions, they may often be easily resolved, for example by reference to an authoritative ruling or text, or to some technique of interpretation supplied by the context. However, not all doubts are so easily resolved. This chapter applies the approach outlined in Chapter 6 to the identification of conditions of doubt in the interpretation of statutes and the construction of arguments for and against alternative answers. Where appropriate, points will be illustrated, among other sources, by reference to Davis v Johnson. In the fourth edition we presented the results of a review of the cases reported in the All England Law Reports for 1998 as a means of illustrating the scope of judicial approaches to the interpretation of statutes.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

The Writings of Thomas Jefferson (ed. H. Washington, 1854), 7: 297
Driedger, E., ‘Statutes, Retroactive Retrospective Reflections’, Canadian Bar Review, 56 (1978), 264Google Scholar
Bankowski, Z. and MacCormick, D. N., in MacCormick, D. N. and Summers, R., Interpreting Statutes: A Comparative Study (1991), p. 376.
Petersson, S., ‘Gender Neutral Drafting’, Statute Law Review, 19 (1998), 93CrossRefGoogle Scholar
Leitch, W. and Donaldson, A., ‘The Interpretation Act – Ten Years Later’, Northern Ireland Legal Quarterly, 16 (1965), 215.Google Scholar
Thornton, H., ‘Contrary Intention’, Statute Law Review, 16 (1994), 182CrossRefGoogle Scholar
Laws, S., QC, ‘Plus ça change: Continuity and Change in UK Legislative Drafting Practice’, Amicus Curiae, 77 (spring 2009), 25.Google Scholar
Miers, D., ‘Taxing Perks and Interpreting Statutes’, Modern Law Review, 56 (1993), 695CrossRefGoogle Scholar
Lyell, Sir Nicholas, QC, ‘Pepper v. Hart: The Government Perspective’, Statute Law Review, 15 (1994), 1CrossRefGoogle Scholar
Kavanagh, A., ‘Pepper v. Hart and Matters of Constitutional Principle’, Law Quarterly Review, 121 (2005), 98Google Scholar
Pepper v. Hart: A Re-Examination’, Oxford J. Legal Studies, 21 (2001), 59CrossRef

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×