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45 Irish Jurist (N.S.) 146 (2010)
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