What is the current approach to statutory interpretation in Australia?

What is the current approach to statutory interpretation in Australia?

The modern approach to statutory interpretation This means that context is considered in the first instance (not only where there is ambiguity in the meaning of the words used), and consideration is given to the statute as a whole, the existing state of the law, and the purpose of the statute.

What is the mischief rule Australia?

The mischief or purpose rule required an ambiguity or inconsistency before a court could have regard to purpose. The approach required by s 35 needs no ambiguity or inconsistency; it allows a court to consider the purposes of an Act in determining whether there is more than one possible construction.

What are the approaches to statutory interpretation?

There are three basic principles of statutory interpretation applied by common law courts: the literal rule, the golden rule, and the mischief rule.

What is the modern approach to statutory interpretation?

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 mischief rule as it relates to statutory interpretation?

The mischief rule for interpreting statutes was laid down in Heydon’s case in the sixteenth century and requires judges to consider three factors: 1 what the law was before the statute was passed; 2 what problem (or mischief) the statute was trying to remedy; 3 what remedy Parliament was trying to provide.

What is mischief rule of statutory interpretation?

Editor’s Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent.

What is the golden rule in statutory interpretation?

This rule is a modification of the literal rule. It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.

Which rule of interpretation is best?

The Golden Rule It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. It is used in a wider sense to avoid a result that is obnoxious to the principles of public policy. It is known as the golden rule because it solves all the problems of interpretation.

What makes contemporary Australian law distinctive?

The distinctive feature of contemporary Australian law derives from the overwhelming importance of the laws made by or under Parliament. I refer to statutes, regulations, by-laws, executive instruments, rules of court and all the other ways in which the written law now manifests itself.

What has statutory interpretation replaced common law?

[Statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by Australian lawyers. This was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed.

Is constitutional law relevant in the Australian context?

This is obviously true of constitutional law which, in the Australian federal context, requires the closest possible examination of the text of the Constitution and of the decisions of the High Court of Australia and other courts upon it.

Does’s 32(1) have any effect on the interpretation of statutory provisions?

When, in accordance with standard rules of statutory interpretation, a statutory provision is capable of only one meaning, s 32(1) has no effect on the interpretation of that provision.