Some Basic Principles of Statutory Reasoning

Last updated: November 1, 2012

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  1. Different jurisdictions may have different statutes.
  2. Constitutional or general legislation may prescribe rules for the enactment of legislation, and its coming into force.
  3. Individual decisions must be consistent with the statutes of the jurisdiction.
  4. Legislatures may change the law, although occasionally they do say they are only declaring it.
  5. Courts do not purport to amend or repeal statutes.
  6. A court may declare that a statute or regulation is ultra vires because it is inconsistent with or not authorized by the Constitution.
  7. A court may declare that a regulation is ultra vires because it is inconsistent with or not authorized by the statute which delegated the power to make it.
  8. A court may give temporary force to unconstitutional or ultra vires legislation, in order to maintain the rule of law.
  9. A court may find that the meaning of the words in legislation is sufficiently plain on the basis of the literal text alone.
  10. A definition included in legislation may give a word a meaning other than its ordinary meaning.
  11. A court may find that the literal meaning of the words in legislation is broadened or restricted when read together, in context, with other words found in the legislation.
  12. A definition included in a general interpretation act may give a word a meaning other than its ordinary meaning.
  13. A court may find that the meaning of the text of the legislation is broadened or restricted when read together, in context, with the words of other legislation in pari materia.
  14. A court may read down legislation if a broader reading would result in the legislation being found unconstitutional.
  15. A court may read additional words into legislation if a narrower reading would result in the legislation being found unconstitutional.
  16. A court may find that the meaning of the text of the legislation is broadened or restricted when read with a view towards avoiding some absurdity which would result from the legislation being read otherwise.
  17. A court may find that the meaning of the text of the legislation is broadened or restricted when read with a view towards remedying some particular mischief in the law prior to its enactment.
  18. A court may consider extrinsic materials, such as legislative debates and committee proceedings, royal commission reports, or law reform commission reports, in order to determine objects which legislation was meant to obtain, or the mischief which it was meant to remedy.
  19. General legislation may provide for the revision of legislation.
  20. General legislation may prescribe rules for answering transitional questions which result from the amendment or revision of legislation.
  21. General legislation may provide rules for the central registration and publication of delegated legislation, and its coming into force, etc.
  22. General legislation may provide rules for the publication of legislation, and for the authority of published versions of legislation.


w09t1_1_principles Copyright © 2012 John N. Davis