Alex Omidvar
Unit 2 – P5: Outline the rules for statutory interpretation &
M3: Explain the importance of statutory interpretation
This assignment fully illustrates different rules and approaches of statutory interpretation. In order to
understand each rule or approach explicitly, a case of law is included. Furthermore, parliament’s intention is
demonstrated through the use of many aids for both intrinsic and extrinsic aids. The need for statutory
interpretation is extremely crucial for the legal system as there are new developments in society that can
make the words used in a statute out of date and they may no longer be valid for the current situation.
Moreover, words often have more than one meaning or can be seen as ambiguous. Therefore, statutory
interpretation clarifies the law and establishes a fair system according to the current time.
Broad term and ambiguity
There are many words that can be seen as ambiguous or allow a wide interpretation which could lead to
problems. We could misunderstand a term if we are not fully aware of the context or if we don’t have
adequate knowledge in regard to the subject of the statutory instrument. Furthermore, the problem of the
ambiguity rises when a word has multiple meanings; therefore it may not be explicit about the meaning that
should be used.
A drafting error
A bill can have some error if it has been moved back and forth in parliament due to the need of adding
amendments.
Changes in the use of language;
The issue with the language only becomes an issue when a word has changed its original meaning through
time or could be interpreted differently.
The literal approach v the purposive approach
Purposive approach to statutory instrument is utilised in the European Court of Justice. The difference is that
the literal approach cannot be used or is not a perfect method in the European Courts as there are many
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Unit 2 – P5: Outline the rules for statutory interpretation &
M3: Explain the importance of statutory interpretation
This assignment fully illustrates different rules and approaches of statutory interpretation. In order to
understand each rule or approach explicitly, a case of law is included. Furthermore, parliament’s intention is
demonstrated through the use of many aids for both intrinsic and extrinsic aids. The need for statutory
interpretation is extremely crucial for the legal system as there are new developments in society that can
make the words used in a statute out of date and they may no longer be valid for the current situation.
Moreover, words often have more than one meaning or can be seen as ambiguous. Therefore, statutory
interpretation clarifies the law and establishes a fair system according to the current time.
Broad term and ambiguity
There are many words that can be seen as ambiguous or allow a wide interpretation which could lead to
problems. We could misunderstand a term if we are not fully aware of the context or if we don’t have
adequate knowledge in regard to the subject of the statutory instrument. Furthermore, the problem of the
ambiguity rises when a word has multiple meanings; therefore it may not be explicit about the meaning that
should be used.
A drafting error
A bill can have some error if it has been moved back and forth in parliament due to the need of adding
amendments.
Changes in the use of language;
The issue with the language only becomes an issue when a word has changed its original meaning through
time or could be interpreted differently.
The literal approach v the purposive approach
Purposive approach to statutory instrument is utilised in the European Court of Justice. The difference is that
the literal approach cannot be used or is not a perfect method in the European Courts as there are many
1
