Category: Interpretation

General The courts must take judicial notice of all statutes.  Statute law does not need to be proved as such. Statute law may be ambiguous.  It may be ambiguous on its face or may be ambiguous as to how it applies to particular circumstances.  If a statutory provision is ambiguous, it must first be interpreted […]

Literal / Plain Meaning The literal approach to interpretation follows the principle that the intention of the statute is reflected in its ordinary literal meaning.  If the plain words of the legislation are clear then effect should be given to it and no further issues on interpretation arise. The literal approach is attractive in that […]

Context / Schematic Interpretation Statutes are interpreted in their legal context.  The Constitution stands at the apex of the Irths legal system.  New law and statutes sit in the context of existing common law and statute.  In interpreting statutes, this legal context will frequently be helpful and relevant. Particular sections of legislation are interpreted in […]

General Principles Acts are public documents and judges must take judicial notice of them. They are not required to be proved in court. Statutory instruments must be formally proved. The courts may make use of matter that accompanies the legislation. This allows reference to marginal and side notes in Acts but not statutory instruments. Courts […]

Many legal disputes turn on the interpretation of legislation in the context of the circumstances.  If the matter is adjudicated upon by a Court the Court will apply the legislation to the facts as found.  In many cases the facts will not be disputed but the question will turn on how the law applies to […]