The process simply by whereby judges attribute meanings to words in a statute
in order to apply the relevant arrete to a case to reach a decision.
There are two approaches: Exacto and Calculated.
The literal approach can be where the terms are given all their plain
regular and grammatical meanings.
The purposive procedure is when the judge examines the motives of
There are two types of helps available for statutory interpretation
they are really Internal helps, which are included within the act, or Exterior
aids which are not included within the act.
These are that are used when the literal or perhaps golden guidelines are
staying applied, nevertheless might also become useful in seeking the purpose of the
These kinds of parts of the act can be utilized so long as they cannot conflict
while using clear enacting words of a statute:
2. Preamble (often found in old statutes, aiming what acts must
do; private functions must have them)
* Long Title (sets out the aim of the Act)
* Brief Title
2. Definitions section (helps with all the literal procedure, as words and phrases are
presented their meaning)
Punctuation can be disregarded, when it was not originally used.
These are mainly used by judges trying to find the goal of the work.
The following have been completely traditionally applied:
* Famous setting
5. Other statutes
* Previous practice during a call covered by the statute
5. Treaties and international obligations
* Subordinate legislation
* Dictionaries (used for the golden and literal rules)
* Studies made by the law reform companies can be used. (since
Black-Clawson 75, where H/L said official reports earlier the
arrete can be considered as evidence of the pre-existing express of