Chapter 14
Rules of Interpretation
Introduction
Basic Rules
Words
Efficacy and Validity
Secondary Sources
Legislative Aids
Situational Presumptions
Government
Justice
Administrative Powers
Statutory Instruments
Introduction
When legislatures and courts make and interpret law they should do so by
reference to policy. However, when interpreting statutes courts also have
recourse to what are loosely but conveniently referred to as rules of
interpretation. While these rules of statutory interpretation are based in
common law, in some jurisdictions they receive statutory indorsement,
enactment or supplementation.
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These rules are really interpretive aids that perform a variety of functions. (i) A
few are perhaps rules in the strict sense. [One example is the literal rule,
although it is commonly misunderstood.
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Another is the rule that a provision
must be read in context. There are in fact only a handful of rules in the strict
sense. They are of general application like the two examples just given. They
are rarely contentious because they are of so general in their scope and are
based on such obvious good sense.]
(ii) Most are presumptions or
assumption, or mere suggestions. Rules in these categories are referred to as
maxims or canons of statutory interpretation.
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(iii) Some point out an
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For example, Title 1 General Provisions of the United States Code has
enacted some of these rules. Also in three Australian jurisdictions the maxims of
interpretation have statutory force or indorsement - Interpretation Act 1987 (NSW)
s5(4), Interpretation of Legislation Act 1984 (Vic) s4(2), Interpretation Act 1979 (NI) s9.
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Christopher Enright Legal Reasoning Chapter 25 Analysing Ambiguity
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Llewellyn (1950) lists 56 maxims or canons and
their judicial source or
citations.
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