Interpretation of Statutes at Dominica
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Interpretation of Statutes in Dominica
Dominica’s legal system is based on the common law tradition inherited from English law, combined with local statutes and constitutional provisions. Statutory interpretation is a key judicial function to clarify legislative texts and apply them correctly.
1. Legal Framework
The Constitution of Dominica (1978) is the supreme law.
Statutes passed by the Parliament of Dominica form the primary source of legislation.
The Interpretation Act provides general rules and principles for interpreting statutes.
Courts follow principles established in common law as well as local statutory provisions.
2. Who Interprets Statutes?
Judiciary: Courts at all levels interpret statutes in the course of resolving disputes.
The High Court and the Court of Appeal play significant roles.
The Privy Council (formerly the final appellate court for Dominica) influenced interpretation historically; now, the Caribbean Court of Justice (CCJ) serves as the final appellate court and has authority over legal interpretation.
3. Principles of Statutory Interpretation
Dominica applies common law interpretive principles, including:
Literal Rule: Words of the statute are given their plain, ordinary meaning.
Golden Rule: If literal meaning leads to absurdity, courts may modify the meaning to avoid absurd results.
Mischief Rule: Courts look to remedy the “mischief” or problem the statute was intended to address.
Purposive Approach: Consideration of the purpose and intent behind the statute to interpret ambiguous provisions.
Contextual Interpretation: Statutes are read as a whole, considering other related laws.
4. Judicial Practice
Courts rely on precedents from local courts, the CCJ, and English common law.
The Interpretation Act guides courts on general rules (e.g., definitions, time calculation, gender references).
Courts may use extrinsic materials (legislative history, debates) to understand legislative intent when necessary.
Statutory interpretation respects fundamental rights guaranteed by the Constitution.
5. Constitutional Interpretation
The Constitutional Court or High Court interprets constitutional provisions.
Statutes inconsistent with the Constitution may be declared void or invalid.
Constitutional interpretation may involve balancing statutes with human rights protections.
6. Summary
Dominica follows the common law tradition for statutory interpretation with a strong emphasis on the literal and purposive approaches.
The Interpretation Act provides statutory guidance.
Courts play a central role, applying established principles and precedents.
The Caribbean Court of Justice (CCJ) is the final appellate authority on interpretation issues.
Interpretation aims to give effect to legislative intent while upholding constitutional guarantees.
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