The Calendar The Almanac is a part of common law and is recognized by English statutes such as the Act of Uniformity, which gave statutory recognition to the Common Book of Prayer in 1662. Before 1582, the year was regulated by the Julian calendar. Under the Julian calendar, a day was inserted between the 24th and 25th of February every fourth year, which resulted in an […]
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 before being applied. Courts interpret statutes with reference to particular […]
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 it does not involve judges in interpreting the policies and […]
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 the context of the entirety of the legislation. The entirety […]
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 may regard to the long title and short title together […]
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 them. The Courts, in the event of a dispute, use […]