INTRODUCTION TO LAW

Unit Structure

1.0 Overview
1.1 Learning Outcomes
1.2 Nature of Law
1.2.1 Definition of Law
1.2.2 Characteristics of a Legal Rule
1.3 Functions of Law
1.4 Law as a Normative System and the Relationship with other Normative
Systems
1.4.1 Law as a Normative System
1.4.2 Relationship with other normative systems
1.4.2.1 Law and Religion
1.4.2.2 Law and Mores (Moeurs)
1.4.2.3 Law and Ethics
1.4.2.4 Law and Morality
1.5 Branches of Law
1.5.1 Difference between criminal law and civil law
1.5.2 Difference between public law and private law
1.5.3 Difference between international law and domestic law
1.5.4 Difference between substantive law and adjectival law
1.6 Legal Reasoning & Legal Systems
1.7 Suggested Readings
1.8 Activities

1.0 OVERVIEW

This Unit introduces some basics about law like the nature, the functions, the
branches…etc. so as to acquire a background knowledge necessary for the understanding
of the coming units.

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1.1 LEARNING OUTCOMES

By the end of this Unit, you should be able to do the following:

1. Explain the nature of law and legal systems.
2. Define the functions of law.
3. Analyse the relationship between law and other normative systems.
4. Differentiate the various branches of law.

1.2 NATURE OF LAW

1.2.1 Definition of Law

Law is a very broad concept for which providing a definition is difficult, if not
impossible. This tedious task has been engaged by philosophers and famous jurists like
Austin, Hobbes, and Blackstone, etc. It is nevertheless possible and easy to define its
branches (for e.g. company law, criminal law, contract law, tort, financial law…etc.) and
to identify its nature and character.

1.2.2 Characteristics of a Legal Rule

Though it is challenging to provide a definition of law, it is relatively easier to establish
general characteristics that can be associated with a legal rule. A legal rule1 is generally
known to be
 Norms of conduct emanating from a formally recognised source - Laws do not
originate from everywhere or everyone. It is a standard of behaviour that is
prescribed by accepted authorities like Parliament or Courts.

 Laid down with a degree of generality - The legal rule does not apply to only one
person or one situation. It is designed for given situations and will apply generally
to all persons in that situation.

1
Domaingue, (2007), Unit 1,pg 4
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  Of a binding character - It is mandatory and independent of the wishes, thoughts
and choice of a person. Everyone has to abide and follow the rules prescribed by
the law.

 Sanctioned if there is non-compliance with the legal rule - Since it is obligatory to

follow the law, those who transgress the legal rule are punished. The sanctions
can be preventive (e.g. objection to the marriage of a person who is not yet
divorced), remedial (e.g. award of damages) when someone has suffered a civil
wrong) or punitive (e.g. payment of fine or terms of imprisonment)

1.3 FUNCTIONS OF LAW

Without law, the community will live in anarchy. One of the most significant attributes of
a civilised society is the presence and observance of laws within that community since
law
 Prescribes the behaviour of man in society (It bears a prescriptive nature).
 Preserves law and order and is used as a mode of social control for the people in
that society.
 Is an instrument of social cooperation as well as social and economic change.
 Attempts to bring justice and to settle dispute

Activity 1

What would happen to the society if there is no law?

1.4 LAW AS A NORMATIVE SYSTEM AND THE RELATIONSHIP

WITH OTHER NORMATIVE SYSTEMS

According to eminent authors, law can be seen from different perspectives. Law is a
social science as it encompasses rules controlling the lives and activities of people in
society. Since it is concerned with the setting up and the study of standards of behaviour
accepted by the society and with the regulation of the interaction amongst members of
that society, it is recognised as a social science.

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Law is an art to which Romans of ancient times referred to as ‘ars aequi et boni’ (the art
of proclaiming fair and good rules). Here, law can be compared to literature, music,
drawing and painting where human creativity and originality can be observed and
appreciated. It is truly a real art to be able to write not only fair and just laws but also
rational and correct judicial decisions where the creativity of draftsmen and judges
respectively is demonstrated.

Since it is composed of a combination of several aspects linked to creativity, rationality,

as well as social interaction, law is also reckoned as a mixture of arts, science and social
science.

1.4.1 Law as a Normative System

Law is seen as a normative system which specifies and evaluate the adequate conduct
within the community. Similar to other normative systems (e.g. religion, mores, ethics
and morality), it guides people on the norms and standards of behaviour that the society
accepts. Law thus is an essential component of a civilised society as without the presence
of law, human beings would be without guide and organisation. ‘Law and Society are
inseparable’2.

1.4.2 Relationship with other Normative System

Law shares strong links with other normative systems like religion, mores, ethics and
morality. Within those relationships, significant similarities and differences can be
pointed out as shown below.

1.4.2.1 Law and Religion

Religion represents the belief in and veneration of a superhuman power, normally
termed as God. To the extent that religion attempts to affirm the rightful
behaviour to adopt in community life, it coincides with law. However, significant

2
Domaingue, (2007), Unit 1, pg 3

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differences exist between these two normative systems as shown in the table
below.

Difference Between Religion And Law

Religion Law
Elaborates on the genesis of the Stipulates rules for the society with no
universe and the world of humans and concern about the theories of creation
believes in the presence of God which it supposes is within the ambit of
natural sciences
Contains a set of rituals and practices Based on rules of procedure and
evidence
Requires both social conforming Requires only social conforming
conduct and mental attitude (i.e. good conduct
and positive conforming )thoughts
Compliance is inspired by the belief in Compliance is binding and non-
God and non-compliance is believed to compliance is sanctioned by the
lead to sanctions/punishment that God authorities.
will inflict

1.4.2.2 Law and Mores (Moeurs)

Mores are concerned with the usual practices existing in society and refers to the
essential customs and conventions of a community (way of dressing, courtesy to
old people, avoidance of vulgar language…etc.). The overlap between law and
mores is less obvious. To the extent that mores relate to customary practices, the
similarity is clear as law also is sometimes built up from customs observed in
society. In contrast, the non-compliance is not so severely sanctioned. However,
mores have got influences on the law and can help shape the law or influence the
legislator (e.g. smoking in public transport was previously considered as impolite
and a lack of consideration towards the other passengers but today, smoking is
prohibited in public places and the more has been upgraded to a legal obligation.)

1.4.2.3 Law and Ethics

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Ethics, contrary to law which emanates from an authority, depends upon reason.
Ethics is considered to be a branch of philosophy concerned with the theoretical
study of human values and conduct. There exists an evident relationship with law
especially when the types, sources and justifications of ethical values are
concerned. This is exemplified in the next section on the relationship between law
and morality.

1.4.2.4 Law and Morality

Morality represents a particular system of values of conduct. It regroups
principles concerning the distinction between right and wrong behaviour. The
relationship between law and morality is intricate. Despite the fact that law and
morality are inseparable, they also significantly differ from each other. Law often
contains moral rules but not all moral rules are incorporated by any legal system.

There exist instances where they are same, for e.g.

 Homicide as a criminal offence and the moral principle of ‘Thou shall not
kill’.
 The mandatory force of contractual obligations and the moral principle
that one must keep one’s word.
 Larceny as a criminal offence and the moral principle of ‘Thou shall not
covet the wealth of others’

There are circumstances where they differ, for instance:

 L’obligation alimentaire est imposé aux ascendants et descendants selon
l’article 205-207 du Code Civil but morality preaches to help all those
who are in need.
 The Sale of goods, in law, can happen at whatever price agreed by the
parties and could be a sale at higher or even lower value than market value
but this would be treated as morally unfair.

Law may also consolidate what morality sanctions, for example, Acquisitive
Prescription of Immovable Property, Homosexuality, Prostitution, Abortion,
Euthanasia.

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 Activity 2

Compare and Contrast law and morality.

You may reflect on the following key ideas:-

- Sources
- Framework
- Purpose
- Sanction for non-compliance

1.5 BRANCHES OF LAW

It is important to identify the various branches of law and to understand their differences.
We can compare
 Criminal law and Civil Law
 Public Law and Private Law
 International Law and Domestic Law
 Substantive Law and Adjectival Law

1.5.1 Difference between Criminal Law and Civil Law

Criminal law is concerned with the acts and omissions which are contrary to public order
and society and renders the guilty person liable to punishment in the form of fines or
terms of imprisonment. It deals with criminal offences like larceny, murder, wounds and
blows, rape, assault etc. In criminal law, cases are known as prosecutions and are
instituted by the prosecutor. Since criminal offences are considered as a wrong against
the community and the State as a whole, cases are brought in the name of the State and
the victim plays a secondary role. The prosecutor needs to prove the case beyond
reasonable doubt, which is a higher standard compared to civil cases.

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Civil law regulates mainly the relationship amongst private parties. It defines the rights
and duties of persons to one another and provides a different system of remedies which
includes damages. Common examples of civil law are law of contract, law of tort (la
responsabilité délictuelle), family law and property law. Civil cases are brought by the
plaintiffs (also called the claimant) who are individuals or corporate entities. The plaintiff
needs to prove his case on a balance of probabilities that is the certainty that the event
took place is higher than the certainty that it did not occur.

In some situations, there may be an overlapping between both whereby the criminal as
well as civil liability are entailed. (E.g. A motor accident where the driver may be
prosecuted for non-adherence to road traffic regulations and he may also be liable to pay
damages to the victim.)

Activity 3
How does criminal law differ from civil law?
You may ponder on their differences which relate to their:-
 Purpose and Rationale
 Procedure and Court Actions
 Standard and Burden of Proof
 Outcomes
1.5.2 Difference between Public Law and Private Law

The distinction between Public law and private law dates back from the Roman system of
law. Public Law relates to the distribution and exercise of power by the State and governs
the relationship between the latter and its citizens. It protects the collective interests and
promotes social objectives. The main mode of legal action is Judicial Review.

Private Law is concerned with the legal relationships between individuals of the society.
It protects individual interests. Legal action happens through private litigation or
alternative modes like mediation or arbitration. Often, the cases where the public law and
private law divide is considered arise from employment contracts entered by the state or
parastatal bodies.
Activity 4

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Read the following:
O’Reilly v. Mackman (1982) 3 All ER 1124
Augustave v. Mauritius Sugar Terminal Corporation and Issurey (1990) MR 222

1.5.3 Difference between International Law and Domestic Law

International law refers to rules governing the international society. It distinguishes

between Public International Law and Private International Law. Public international law
concerns external relations of the State and other subjects of international law including
international organisations. Legal sources here include treaties and customary law.
Private international law refers to relations between private parties where an international
element is involved as rules belonging to more than one jurisdiction can be equally
applied. It is commonly known as conflict of laws.

Domestic/national law denotes rules of a particular country applicable to the citizens on

the territory and regulating its society. It normally reflects the legal system in place in
that country. It varies from system to system and from country to country. The
relationship between international law and domestic law can be based either on the
dualism doctrine or on the monism doctrine.

1.5.4 Difference between Substantive Law and Adjectival Law

Substantive law describes the rules related to the subject-matter of the case. It lays down
the rights and duties of legal persons and guides the courts in making decisions.

Adjectival law designate the rules governing the machinery of justice. It relates to the
enforcement of the rights and duties of the legal entities and determines the course of an
action by providing the rules of evidence and procedure.

1.6 LEGAL REASONING & LEGAL SYSTEMS

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Law needs reasoning so that the judge can reach a judgement. The lawyer can advise his
client and legislators can predict the impact of their laws. This allows the lawyers,
legislators and judges to reach a rational and calculated output. Legal reasoning involves
logic, argumentation, empiricism, deduction, induction, analogy, syllogism, etc.

A legal family consists of legal systems sharing common characteristics. Two main
families are recognised namely Civil law and Common law systems. They differ in their
historical development, legal thinking, institutions and choice of sources.

Activity 5

1. Elaborate on
(a) Common Law
(b) Equity
(c) Civil Law

2. To what extent has common law and civil law influenced the Mauritian legal system?

1.7 SUGGESTED READINGS

 Holland and Webb, (2016), Chapters 1&2, Oxford Universty Press, UK.
 Slapper and Kelly, (2015), Chapter 1, Oxford University Press, UK.
 Domaingue, (2010), Legal Method and Mauritian Legal System, Chapter 1,
CPDL, UoM.
1.8 ACTIVITIES

1. Analyse the relationship between law, economics and politics.

2 Explain the application of the doctrines of dualism and monism to the relationship
between international law and domestic law.

3. Discuss how law is considered as a normative system.

4. What is (a) inductive reasoning, (b) deductive reasoning, (c) syllogism, (d)
analogy?

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5. ‘Law is a social science and an art.’ Discuss.

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 STATUTORY INTERPRETATION

Unit Structure
4.0 Overview
4.1 Learning Objectives
4.2 Introduction
4.3 Interpretation of Constitutional Provisions
4.4 Interpretation of Penal Laws
4.5 Interpretation of French Codes
4.5.1 French Maxims of Interpretation
4.5.2 French Methods of Interpretation
4.6 Common Law Rules of Interpretation
4.6.1 Rules of Interpretation
4.6.1.1 Literal rule
4.6.1.2 Golden rule
4.6.1.3 Mischief rule
4.6.1.4 The Approaches
4.6.2 Rules of Language
4.6.2.1 Ejusdem Generis
4.6.2.2 Noscitur A Sociis
4.6.2.3 Expressio Unius Est exclusion alterius
4.6.3 Tools of Interpretation
4.6.4 The Presumptions
4.7 Suggested Readings
4.8 Activities

4.0 OVERVIEW
The purpose of this unit is to examine the rules and methods used by the judges in the
interpretation of the law.

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 4.1 LEARNING OBJECTIVES
At the end of this Unit, the student should be able to

 Explain the rules for interpreting constitutional and penal provisions.

 Identify the maxims and methods of interpretation used in civil law.
 Discuss the common law rules and tools of statutory interpretation.

4.2 INTRODUCTION

As seen in Chapter 2, an important source of law is enacted law i.e. laws discussed and
approved by Parliament. This includes the Constitution, statutes of a penal, civil or
common law nature, treaties as well as administrative regulations. However, important
difficulties arise with this source of law.

First of all, these enactments consist of words, phrases and sentences which are not, at all
times easy and direct to comprehend. When questions arise on the enactments, we have
recourse to the courts where judges are required to provide interpretation of the laws
enacted by Parliament.

Another difficulty hereby arise as judges need to find meanings and provide parameters
to what members of Parliament have pondered on and written down. Task which is not
easy at all as these statutes can be complex. The interpretation of words can also be tricky
since words can have different meanings and can be explained in a variety of ways by
different persons. In this context, courts are required to observe one fundamental rule

Activity 1
Read the following cases:-

 Dawoonauth v. State (2005) SCJ 285

 Hurnam v. State (2004) SCJ 91

which remains a foundation of statutory interpretation: - to uphold the intention of

Parliament.

Therefore judges need not interpret according to their whims or personal beliefs instead
they have to work out and find the meanings that Parliament intended to assign to the
statute as observed by Tindall CJ in The Sussex Peerage Case (1844):-

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 “The only rule for the construction of Acts of Parliament is that they should be
construed according to the intent for the Parliament which passed the Act”

Since the process of interpretation of statutes is inevitable in the course of exercising their
duties, judges have developed parameters, commonly known as the rules of statutory
interpretation, within which they exercise their role of interpreters of the law.

In the hybrid Mauritian context, we are concerned with various rules on statutory
interpretation namely:-

 Rules of interpretation applied to provisions of the Constitution.

 Rules of interpretation relative to enactments of a criminal nature.
 Maxims and methods of interpretation of civil law applicable to our Codes of
French origin.
 Rules and tools of interpretation of common law origin relevant to the
interpretation of Acts of Parliament.

4.3 INTERPRETATION OF CONSTITUTIONAL PROVISIONS

In Mauritius, as stipulated in Article 2 of the Constitution, the latter is the most important
law of the country:-

“This Constitution is the supreme law of Mauritius and if any other law is inconsistent
with this Constitution, that other law shall, to the extent of the inconsistency, be void.”

On several occasions the Supreme Court has been brought to interpret provisions of the
Constitution drafted at the moment of the Independence of Mauritius in 1968. Previous
case-law3 has pointed that firstly constitutional provisions should be treated as ‘sui
generis’ i.e. of their own kind, therefore necessitating principles of interpretation of their
own and secondly that constitutional provisions should be interpreted with less rigidity

Activity 2
Read the following cases:-

 Societe United Docks v. Government of Mauritius (1985) 1 All ER 864

 Pointu and ors v. Minister of Education and Science and ors (1995) MR 132

3
E.g. Minister of Home Affairs v. Fisher (1979) 3 All ER 21 (case related to the
Constitution of Bermuda).
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 and greater generosity.

4.4 INTERPRETATION OF PENAL LAWS.

Statutes of a criminal nature should be interpreted with much care as these statutes
normally impose, as mode of sanction, restrictions on the fundamental rights and civil
liberties. Penal statutes should normally be strictly construed as explained in Lazare v.
Reilly (1942) MR 92 so that “no greater obligation will result than those which are
actually imposed”. Strict interpretation is observed so as to achieve fairness and avoid
dragging issues beyond their ambit.

Nevertheless, in Ayasamy v. R (1952) MR 148 and Procureur General v. Colas (1953)

MR 164 where judges referred to ‘Craies on Statute Law’ it was pointed out that the rule
of strict construction is somehow relaxed and that “all statutes whether penal or not are
now construed by substantially the same rules” and the main purpose of interpretation
should be to find out the ‘true meaning and real intention of the legislature as expressed
in the enactment’.

Despite this observation it is maintained that whenever a penal statute can be ascribed
various interpretations, the more lenient one is adopted as in criminal law, the accused
always enjoy the benefit of the doubt and the standard of ‘beyond reasonable doubt’ has
to be adopted in proving his guilt. Therefore the interpretation of penal statutes remains

Activity 3

Read the following case:- Sénèque v. Queen (1961) MR 135

strict and the judges should not go beyond what it intends to cover and sanction.

4.5 INTERPRETATION OF FRENCH CODES.

In this part, two concepts are explained namely the French maxims of interpretation and
the French methods of interpretation.

4.5.1 French Maxims of Interpretation.

In the interpretation of codes of civil origin, the judges remain guided by certain maxims.
Examples are

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(a) Interpretatio cessat in Claris- L’interprétation cesse lorsqu’un texte est clair

(b) Ubi lex non distinguit, nec nos distinguere debemus- Il est interdit de distinguer là
où la loi ne distingue pas.

(c) Generalia specialibus non deroguant- Les dispositions générales ne dérogent pas
aux dispositions spéciales + Specialia generalibus derogant- les dispositions
spéciales dérogent aux dispositions générales.

Activity 4

Read the cases :-

M D J Paw Chin Chan Chiang v. Ramburn (2003) MR 208

(d) C
e Chinien v. Queen (1989) MR 282
ssante ratione legis cessat ejus dispositio- La loi cesse là où cessent ses motifs.

4.5.2 French Methods of Interpretation.

Several methods of interpretation exist and are explained below.

(a) La méthode exégétique- Cette méthode prévoit un attachement au texte car on

croit ici “ qu’avec une interprétation grammaticale et logique, on peut trouver
dans la loi la solution de tous les problèmes”. L’interprète, notamment les
juges doivent préciser le sens que le législateur a attribué au texte. Pour s’y
faire, l’interprète peut avoir recours aux précédents historiques, aux travaux
préparatoires et aux procédés logiques comme la déduction et l’induction.

(b) La méthode de la libre recherche- Pour éviter de donner au législateur des

intentions qu’il n’a peut-être jamais eues, cette méthode est proposée. Il ne fait
pas abstraction de la volonté du législateur mais lorsqu’on est confronté à de
nouvelles situations, on passe de l’interprétation à la libre recherche
scientifique où le juge trouvera une solution, ‘comme s’il avait à faire œuvre
de législateur’ et il s’inspirera de données historiques, rationnelles des

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 considérations d’opportunité, d’équité qui peuvent donner lieu à une règle de
droit.

(c) L’interprétation grammaticale- Une méthode tenant en compte les règles de la

grammaire.

(d) L’interprétation logique- Cette méthode met les textes de loi en relation avec
leur contexte et utilise des procédés de l’argumentation.

(e) L’interprétation psychologique- Ce procédé recherche la volonté des auteurs

de la règle et respecte la volonté et l’esprit des lois et des règlements.

(f) L’interprétation historique/ évolutive- La loi est interprétée d’après la société

où elle s’applique et l’intention du législateur est pesé contre les exigences du
milieu social et elle s’adapte au temps et à l’évolution de la société.

(g) L’interprétation téléologique- Cette méthode recherche la finalité de la règle

c’est à dire, son but social. En cas de conflit entre la lettre et l’esprit d’une
règle, l’esprit prévaut sur la lettre au prix d’un recul de la rigidité des mots.

To interpret laws of French origin, Mauritian courts can refer to French doctrine and
case-law as explained in R. v. L’Etendry (1953) MR 15.

4.6 COMMON LAW RULES OF INTERPRETATION

During the period of the British occupation, common law rules have definitely influenced
the the Mauritian legal system.

4.6.1 Rules of Interpretation

Common law recognises three rules of interpretation:

The literal rule

The Golden Rule

The Mischief Rule

4.6.1.1 Literal rule

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 The literal rule adopts the literal, plain meaning of the words used as those are the words
that the legislators chose to employ. The words are given their ordinary dictionary

Activity 5

Read the following cases :-

Colonial Government v. Boulle Lagane and Co. Ltd (1923) MR 20

Mason v. R. (1955) MR 71
Procureur General v. Chan Kin Yuen (1953) MR 37
Leclos v. R (1956) MR 56
Pabaroo v. Varmah (2013) SCJ 197
Whiteley v. Chappell (1868) 1 WLR 565
Duport Steels Ltd v. Sirs (1980) 1 All ER 529

meaning. Though restrictive, the literal rule allows to produce a precise result closest to
the intention of Parliament. This rule is followed even if it produces absurdity in which
case the remedy is for Parliament to pass an amending legislation.

4.6.1.2 Golden rule

Considered as an extension of the literal rule, the golden rule is normally applied to avoid
the absurdity or inconsistency that the literal rule may lead to. Here, the ordinary meaning
is given to the words but if this leads to absurd results, the judges can then give the words

Activity 6

Read the following cases:-

Plaines Wilhems S.E Co Ltd v. Medine Co Ltd (1943) MR 47
State v. Jeetun (2006) MR 140
Grey v. Pearson (1857) 6 HL Cas 61, 106
DSA Co Ltd. v. Ministry of Public Infrastructure and Super Construction Ltd v. State
(2013) SCJ 485

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 some other contextual meaning.

4.6.1.3 Mischief rule

The mischief rule tries to identify the wrong or the offence (i.e. the mischief) that the
legislators wanted to remedy. The English case known as the Heydon’s case (1584) 3 Co
Rep 7a expounds on the questions to answer here:-

(a) What was the common law before the Act?

(b) What was the defect or mischief for which the common law did not provide?
(c) What remedy did Parliament intend to provide?

Activity 7
Read the cases:-
Pierrot v. De Baize (1880) MR 158
Mootoosamy v. Ah Chuen (1964) MR 3
ICAC v. Saumtally (2016) SCJ 47

(d) What was the true reason for that remedy?

4.6.1.4 The Approaches

The purposive approach closely resembles the mischief rule as it tries to ascertain what
the draftsmen intended by examining the general purpose of the section and the social,
economic, or political context. This approach goes far beyond finding only the literal
meaning of the statute. It states that the judges can, if needs be, look beyond the words so
as to establish the purpose of the enactment and the interpretation should reflect and give
effect to this purpose. This approach is said to promote the general legislative purpose
underlying the provisions4.

4
As per Lord Denning in Notham v. London Borough of Barnet (1978) 1 WLR 220

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 The contextual approach propounds that the word should be construed in its context.
Close to the golden rule, this approach encourages interpretation of the word in the
context of the statute as a whole so as to maintain consistency and harmonisation.

Activity 8

Read the cases:-

Goudin v. Government of Mauritius (1894) MR 41

Bechard v. R (1880) MR 163
S. Joomun v. Government of Mauritius (2000) SCJ 234
State v. Ruhumatally (2015) SCJ 384

The integrated approach stems from Sir Rupert Cross in his book entitled Statutory
Interpretation (1995). Normally the integrated approach to interpretation implies that
1. The judge begins by using the grammatical and ordinary meaning of the context
of the statute;
2. If this produces an absurd result then the judge may apply any secondary meaning
possible;
3. The judge may imply words into the statute or alter or ignore words to prevent a
provision from being unintelligible, unworkable or absurd; and
4. In applying these rules the judge may resort to various aids and presumptions.

4.6.2 Rules of Language

4.6.2.1 Ejusdem Generis

The ejusdem generis rule refers to words of the same kind. General words following
specific words should be construed as applying only to the same category as mentioned in

Activity 9
Read the cases:-
Ramtohul v. The Queen (1971) MR 301
Mon Tresor Milling Co. Ltd and ors v. Mauritius Revenue Authority ( 2014) SCJ 385A
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Powell v. Kempton Park Racecourse (1899) AC 143
State v. Falad Soobratty and anor (1995) MR 160
 the specific words.

4.6.2.2 Noscitur A Sociis

The Noscitur A Sociis rule states that a word is known by its associates. The word will be
interpreted in the context of surrounding words.

Activity 10

Read the cases :-

Inland Revenue Commissioners v. Frere (1965) AC 402

Muir v. Keay (1875) LR 10 QB 594

4.6.2.3 Expressio Unius est Exclusio Alterius

This rule states that the express mention of one thing imply the exclusion of another.

Activity 11

Read the case Tempest v. Kilner (1846) 3 CB 249

4.6.3 Tools of Interpretation

Apart from the primary aids to interpretation, there are the secondary aids to
interpretation which facilitate interpretation of statutes. They are known as extrinsic aids
(which are external to the statute) and intrinsic aids (which are internal to the statute).

The external aids include dictionaries and other literary sources, official reports, past
practice, treaties and conventions, les travaux préparatoires (also known as the Hansard),
other statutes dealing with the same subject-matter (in the Mauritian context, the

Activity 12
Read the cases:
Pepper v. Hart (1993) 1 All ER 42
Francoeur v. Francoeur (1989) MR 31
Madelen clothing Co Ltd v. Termination of contracts of service board and ors (1981) MR
284
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 Interpretation and General Clauses Act 1974 is helpful in establishing meanings of words
contained in our legislation).

The intrinsic aids are the title, sub-titles, headings, the preamble of the Act, other
enacting words and the punctuation.

Activity 13
Read the cases:
Mason v. R ( 1955) MR 71
Laurent v. Hughes (1911) MR 109
De Robillard v. Procureur general (1882) MR 152
Kessoonath v. R (1986) MR 227
Cheecooree v. Harel (1953) MR 153

4.6.4 Presumptions

The courts may have recourse to the presumptions. For example:-

Presumption against the alteration of existing law (Procureur General v. Ah Kum (1953)
MR 181).

Presumption that a statute does not bind the State.

Presumption against a statute being unconstitutional.

Presumption against retrospective operation.

4. 7 SUGGESTED READINGS

Holland and Webb Learning Legal Rules, Chapter 8, Oxford University Press, UK

Slapper and Kelly, The English Legal System, Chapter 5, Cavendish Publishing Ltd., UK

Zander Michael, The Law Making Process, Chapter 3, Butterworths, UK

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Terre Francois, Introduction generale au Droit, Precis Dalloz, Paris

Domaingue R, Introduction to law and legal methods, Unit 4, UoM.

Asif Tufal, Lawtteacher website,

http://www.lawteacher.net/PDF/english-legal-
system/Statutory%20Interpretation%201.pdf

4.8 ACTIVITIES

1. Explain, with support from cases,

(a) The rules of interpretation
(b) The rules of language
(c) The presumptions

2. Compare and Contrast the civil law and common law approaches to statutory
interpretation.

3. Analyse the standards of interpretation applicable for constitutional provisions

and for penal statutes.

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