ABSTRACT

Although it might be thought that judicial process involves a mechanical application of statutes (including the Constitution) to given facts, leading to obvious answers, the reality is very different. The courts have a range of canons of statutory interpretation that they can call upon (if they wish), and how they manipulate these rules of interpretation can significantly affect the outcome of cases. In addition, even without having recourse to rules of statutory interpretation, the courts can affect the outcome of cases by means of simple devices such as giving statutory provisions either a wide or a narrow meaning.