ABSTRACT
This chapter discusses the problem of the sense in which a legislature can be said to have an intention, before identifying a credible explanation of what such an intention may be taken to be, and how it may inform the process of interpretation in specific cases. Although courts and commentators often use phrases such as 'legislative intention' and 'the intention of Parliament', it must be acknowledged that there is substantial disagreement as to the nature, and even the existence, of legislative intention. The subjective, or speaker's meaning approach, emphasises that legislation is an act of communication in which the legislature 'speaks' to the 'hearers', who are the users of legislation; and from this, it is argued that what really matters is the speaker's meaning. Once the nature of the process of legislative interpretation has been appreciated, it can easily be seen in terms of delegation to both the drafter and the court.
