Statutory Essay
GROUP 1 – 2ND QUESTION
Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean?
The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial precedent which brings certainty and predictability to the administration of justice. However, there are difficulties in interpreting statutes, as Zander 1994 asserted, ‘statutory interpretation is a particular form of general problem-the understanding of meaning, or more broadly still, communication.’ To resolve the problems of interpretation, the courts have created rules of statutory interpretation. In the Commonwealth Caribbean, it is expected that the general rules of interpretation will apply to the written Constitutions and other legislations. The case laws have proven that in this contemporary period, the purposive approach of statutory interpretation is preferable in interpreting other legislation in the Caribbean. Also, Antoine purports that, it is now well-established that Commonwealth Caribbean Constitutions are to be interpreted purposely, bringing to life the important aims, objectives and values of the Constitution as a living social instrument. It is submitted that the purposive approach towards statutory interpretation is the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean because the approach seeks to promote the general legislative purpose underlying the provision in issue.
It is argued that the purposive approach has superseded other interpretation approaches because the purposive method gets closes to finding Parliament’s intentions. Lord Reid in Black-Clawson International Ltd
Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean?
The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial precedent which brings certainty and predictability to the administration of justice. However, there are difficulties in interpreting statutes, as Zander 1994 asserted, ‘statutory interpretation is a particular form of general problem-the understanding of meaning, or more broadly still, communication.’ To resolve the problems of interpretation, the courts have created rules of statutory interpretation. In the Commonwealth Caribbean, it is expected that the general rules of interpretation will apply to the written Constitutions and other legislations. The case laws have proven that in this contemporary period, the purposive approach of statutory interpretation is preferable in interpreting other legislation in the Caribbean. Also, Antoine purports that, it is now well-established that Commonwealth Caribbean Constitutions are to be interpreted purposely, bringing to life the important aims, objectives and values of the Constitution as a living social instrument. It is submitted that the purposive approach towards statutory interpretation is the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean because the approach seeks to promote the general legislative purpose underlying the provision in issue.
It is argued that the purposive approach has superseded other interpretation approaches because the purposive method gets closes to finding Parliament’s intentions. Lord Reid in Black-Clawson International Ltd