It turns out that this blog will be assessed but not really in the way I predicted. I will use the rules of statutory Interpretation that I note down in this blog to not only share with everyone but to create a useful model of how to approach a problem. The idea is that I could then use this model when faced with a client problem when i begin practice.
The Zoom session with Wayne this week bought up two big points:
1. There is a broad spectrum of how one can interpret statute. This leads to there being a broad spectrum of interpretations from Judges. There is a variety of rule to use and apply, there is no definitive rule which to use. Some Judges believe that laws should refer to fundamental human rights for example.
2. Because there is a variety of different interpretations this makes it easier for Lawyers to make a case for their client. They find different interpretations for statutes based on their client’s needs.
There is sometime no definitive answer, indeed this is why statutory interpretation and its rules are required. Sometimes what is black and white and seems precise can be interpreted in different ways.
Rhys's Statutory Interpretation Site 