Interpretation

Interpretation

•Parliament –Make law

•Judges-Apply law
Interpretation
• Parliament knows the best and that the court can
only take the words of a statute at their face
value, however absurd the outcome.

• It is open to the court to repair the deficiency.

 Interpretation
• Parliamentary supremacy: the freedom of the judges
in interpreting statute would be much more restricted

• Constitutional supremacy: the constitution itself

assigns the task of examining the validity of law
made by parliament to the judiciary and therefore
judges have more freedom and power in the matter of
construction of statutes
Interpretation
• How long a judge can travel to find the true
intention of parliament by way of interpreting
statutes?

• the restrictive literal approach

• the more permissive, purposive approach-

Contextual Approach
Interpretation
• Literal approach: Judges should look primarily to
the very words of the legislation in order to
interpret its meaning and should not go beyond
the literal meaning of the words or phrases.

• Purposive approach: judges to look beyond the

words of statute in pursuit of the reason for its
enactment