Sunday, 3 May 2015

Statutory Interpretation: the key steps.

When interpreting a statute, the following steps are taken to ensure that an understanding of the meaning of an Act can be gained. The steps are as follows:

Step 1: Jurisdiction - does the Act cover the relevant events?

Step 2: In force - was the Act in force to the relevant time?

Step 3: Relevant provisions - what issues arise?

Step 4: Analysis - Addressing each issue, using relevant tools such as Intrinsic and Extrinsic sources, Latin Maxims and presumptions/rules.

Step 5: Purpose - check to see whether the interpretation you have made meets the 'purpose' text that applies in the relevant jurisdiction.

Step 6: Conclusion - Overall, what do you think is the correct legal outcome? what is the likely outcome? present other possible results.

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