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A system of language and law understood by only a few, where only a few have the ability to make authoritative statements about what is and is not permitted under the law, cedes power to those few. They will also examine such canons of interpretation as the ejusdem generis rule and the rule often known as the rule in Heydon's case under which the court has to consider the law before the enactment of the statute, the defect or mischief in the law and the remedy adopted to cure that defect or mischief. It is an aspect of the Rule of Law. Submissions on the provisional recommendations included in this Consultation Paper are welcome. The Act would prescribe a purposive interpretation of statutes, and would allow for the use of extrinsic aids to interpretation in some circumstances. It is difficult to deal with either of these paragraphs in the First Programme independently. Approaches to statutory interpretation in several other jurisdictions are then considered, with particular reference to jurisdictions which have enacted legislation prescribing a particular approach to statutory interpretation.

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It is provisionally recommended that purpose clauses should be included at the head of each Act, replacing the current form of the long title. Submissions on the provisional recommendations included in this Consultation Paper are welcome. Recommendations are also made in relation to the amendment and consolidation of legislation. For some time there has been an increasing interest in common law countries in the desirability of a more flexible rule for the interpretation and construction of statutes and for a departure from what is at present largely a purely literal interpretation. It is to be noted that in the United States of America, which is a common law country, there is a much more flexible approach to the interpretation of statutes than exists here. A series of provisional recommendations for reform are put forward in Chapters 4 and 5. The Importance of Statute Law and Drafting 4. It is difficult to deal with either of these paragraphs in the First Programme independently.

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Equally, the courts as interpreters depend on the drafters of legislation to give clear expression to the intentions of the legislature; and, for legislation to be clearly understood by those it affects, there must be predictable and consistent interpretation in the courts. The appropriate paragraphs from the Programme are worth quoting in full: It is difficult to deal with either of these paragraphs in the First Programme independently. Statutory language cannot be simplified, without addressing the methods of interpretation which are a primary cause of its present complexity. These canons of interpretation will, of course, have to be considered not alone in the context of ordinary statutes but also in the context of codified law and of the International Conventions that become part of Irish law. The Importance of Statute Law and Drafting 4. Chapter 2 of the paper examines the current form and style of Irish statutes, and considers some of the difficulties with Irish legislative drafting. The Consultation Process 8.

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It is provisionally recommended that purpose clauses should be included at the head of each Act, replacing the current form of the long title. Statutory language cannot be simplified, without addressing the methods of interpretation which are a primary cause of its present complexity. Since our membership of the European Communities involves us in a very close way in legal and other matters with countries that have a much more flexible approach to statutory interpretation than is the case in this country and since Community instruments and regulations will be interpreted by the standards and methods of the European Communities, it is desirable to re-examine this whole question in the context of our own legal system. A society whose regulations are incomprehensible lives with the Rule of Lottery, not the Rule of Law.

The Irish Bibliography of Press History (IBPH) The IBPH is a searchable, open access resource. It is an initiative of the Newspaper and Periodical History Forum of. consultation paper. on. statutory drafting and interpretation: plain language and the law.

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