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The literal rule of statutory interpretation

In the first of a series of related articles, Nick Price explores the common-law approaches to statutory interpretation. Here, he focuses on the ‘literal rule’.

INGRAM

When passing an Act, Parliament does not necessarily take into consideration how words included in the legislative document might be interpreted. It is left to judges, when hearing cases in court, to afford a meaning to the words that Parliament has passed.

There are several rules, or approaches, that judges can use when interpreting statutes. Which is used is often dependent on the preference of the judge presiding over the case. Some judges take a strict approach that respects the sovereignty of Parliament and adopt the literal rule. Others may uphold the view that judges can develop the words passed by Parliament; these judges are likely to consider a wider meaning by applying the mischief or purposive rules.

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Delegated legislation

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Concepts of law

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