The Importance of Correct Statutory Interpretation Technique: The Case of Minister for Justice, Equality and Law Reform v Dolny
![handle is hein.journals/irishjur41 and id is 154 raw text is:
THE IMPORTANCE OF CORRECT STATUTORY
INTERPRETATION TECHNIQUE
THE CASE OF MINISTER FOR JUSTICE, EQUALITY
AND LAW REFORM v DOLNY
CATHERINE O'SULLIVAN*
PART I-INTRODUCTION
Statutory interpretation has long caused problems for those who seek to apply
the law. These problems arise for a number of reasons, including the multiple
and mutable nature of language, the tendency for statutory drafters to utilise
convoluted language, and/or the continued existence of archaic legislation.' The
common law has sought to provide solutions to these problems through the
development of maxims, canons and presumptions of statutory construction.
More recently the legislature has intervened with the promulgation of the
Interpretation Act 2005, which provides guidance for judges in the inter-
pretation of statutes. The importance of the application of proper statutory
interpretation technique has become particularly pronounced in modem times.
Murray C.J., in welcoming the publication of a recent text entitled Statutory
Interpretation in Ireland, observed:
... the subject matter ... is of prime importance. In an era which is
unmatched for the depth and breadth of government regulation, whether
by primary or secondary legislation, the interpretation of statutory texts
has never occupied such a high proportion of the decisions on law which
the Courts routinely make.2
He further noted that, [s]ince legislation is a primary tool of government in a
democratic society, issues concerning statutory interpretation are of great
importance.' Yet, despite this importance and the increasing frequency with
which statutory interpretation cases come before the courts, it does not seem
that lawyers or judges are as familiar with statutory interpretation techniques
as they should be. This lack of familiarity can lead to significant but legally
unwarranted developments in the law.
* The author wished to thank Drs Donson and Kilcommins and the anonymous reviewer for
their suggestions which have helped improve the article.
1. R. Byrne, P. McCutcheon, C. Bruton & G. Coffey, Byrne and McCutcheon on the Irish
Legal System, 5th edn (Dublin: Bloomsbury Professional, 2009), paras 14.01-14.06
(Byrne & McCutcheon). See also, generally, Law Reform Commission, LRC 61-2000.
Report on Statutory Drafting and Interpretation: Plain Language and the Law (Dublin:
Law Reform Commission, 2000) (LRC, Statutory Drafting).
2. Murray C.J., Foreword in D. Dodd, Statutory Interpretation in Ireland (Dublin: Tottel
Publishing, 2008), p.v (Murray C.J., Foreword).
3. Note 2 above, p.v.
146](ViewImageLocal?handle=hein.journals/irishjur41&div=9&collection=&method=preview&ext=.png&size=3)
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