ABSTRACT

Interpretation is a difficult subject and it is helpful at the outset to explain why. The problems lie partly in the topic and partly in the case law.

There is no single principle of interpretation, or what purports to be the single statement of principle immediately needs explanation and qualification. Interpretation issues which arise in practice are generally complex and cases cannot be briefly summarised or neatly categorised. The principles upon which cases are decided are often assumed or not clearly expressed. Cases are not consistent: different judges have applied different principles, or the same principles in different ways; or any principle available as an ad hoc rationalisation to justify a fair result on the facts of the case. When judges wish to change the law, precedent and the declaratory theory of law encourage them to deny that they are doing so. The total case law relating to interpretation of documents or statutes is so vast that no-one can draw it all together into a coherent body of law. The only thing worse than too little data is too much data. As this chapter will show, some important aspects are hotly debated.