Interpretation of Legislation
| DOI | 10.1093/slr/3.1.7 |
| Pages | 7-12 |
| Date | 01 March 1982 |
| Year | 1982 |
| Published By | Oxford University Press |
Interpretation of Legislation
By the Right Hon. Lord Renton, Q.C.*
The preparation of legislation by parliamentary draftsmen and the ministers
and legislators whom they serve, inevitably depends, or should depend, upon
die way in which it is to be interpreted by die judges.
This is a big subject on which the courts have been evolving principles for
400
years,
and I propose
to
concentrate mainly upon die Purpose
Rule.
Should
it prevail over other rules? Should it be given statutory audiority? How and
where should "the general legislative purpose" be expressed? If it is not
apparent, how should it be ascertained?
The
first
step
in
die evolution of
our rules
of interpretation was
die
statement
of the Mischief Rule by Coke CJ. in
Hcpkm's Cast
in 1584.1 This required die
judges "to make such construction as shall suppress die mischief and advance
the remedy."
Towards die middle of
last
century statutes became more detailed, and in
1844 came
the Literal Rule. In thcSusstxPttngt Gktnr'Tindal C J. said, "If die
words of die statute are in themselves precise and unambiguous, dien no more
can be necessary than to expound diose words in their ordinary and natural
sense. The words alone do, in
such
a
cast,
best declare die intention of die
lawgiver."
Then in 1877 came die Golden Rule, which Mr. Bennion3 prefers
to call
"die
Absurdity Rule." 'Take the whole statute together," said Lord Wensleydale:
"and construe it altogether giving the words dieir ordinary signification,
unless when so applied they produce an inconsistency, or an absurdity or
an inconvenience so great as to convince die Court diat die intention
could not have been to use diem in their ordinary signification, and to
justify die Court in putting on diem some other signification, which,
diough less proper, a one which die Court dunks die words will bear."4
Mr. Bennion maintains diat die only diing which distinguishes die Golden
Rule from die Literal Rule is diat it allows die literal meaning to be departed
from where diere is an absurdity. He then asserts diat it is for Parliament, and
not diejudges,
to
change
die
law ifit leads
to
absurdity—a counsel of perfection
which would often delay simple correction of
die
law, for in Parliament "die
mills
of God grind
slowly."
Not all necessary collective legislation can
be
fitted
into a session.
There is no priority among these three rules and they are inconsistent widi
each other. The judges have for many years used whichever diey preferred.
Mr. Bennion also draws attention to Lord Diplock's principle diat "... die
* President, Statute Law Society. This article h a revised version of the introductory address
at the Society's Conference on Legislation, betd at the Institute of Advanced Studies id
London on October 31, 1981.
• 3 Co. Rep. 7a.
1(1844) 11 O. * F. 85, 143.
1 See Francis Bennion, Sutttt Lam (I960), pp. 81-62.
4 Rimr War Ctrnmissitam v. Ademsm (1877) 2 App. Cas. 743, 764.
7
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