Rules of Language

The three Latin rules of language to statutory interpretation

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Ejusdem Generis

Ejusdem Generis

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Ejusdem Generis

  • General words in an act are interpreted to be the samme as particular words in the Act
  • E.g. "Dogs, cats and other animals" - 'other animals' will be interpreted to mean domestic such as dogs and cats
  • Powell v Kempton Park Racecourse
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Advantages & Disadvantages of the Ejusdem Generis

Advantages & Disadvantages of the Ejusdem Generis Rule

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Advantages & Disadvantages of the Ejusdem Generis

  • Draftsmen do not have to include everything in a list
  • It is not predictable what Judges might include in the same category
  • Allows for Judicial law making
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Expressio unius est exclusion alterius

Expressio unius est exclusion alterius

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Expressio unius est exclusion alterius

  • The expression of one thing means the exclusion of another
  • When particular words are not followed by general words, only the particular words apply
  • R v Inhabitants of Sedgley
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Advantages & Disadvantages of the Expressio unius

Advantages & Disadvantages of the Expressio unius est exclusio alterious Rule

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Advantages & Disadvantages of the Expressio unius

  • A finite list is provided, making cases more predictable
  • Respects the seperation of powers as Judges only apply the law
  • No scopre for development of an Act
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Noscitur a Sociis

Noscitur a Sociis

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Noscitur a Sociis

  • The meaning of a word interpreted by the context it's written in
  • Muir v Keay
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Advantages & Disadvantages of the Noscitur a socii

Advantages & Disadvantages of the

Noscitur a sociis Rule

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Advantages & Disadvantages of the Noscitur a socii

  • Draftsmen do not have to foresee all circumstances
  • Allows for Judicial law making
  • The outcome of cases is unpredictable
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