The Fundamental Rule :Intention

The Fundamental Rule

The fundamental rule of interpretation, to which all others are subordinate, is that a statute is to be expounded according to the intent of the Parliament that made it; and that intention has to be found by an examination of the language used in the statute as a whole. The question is, what does the language mean; and when we find what the language means in its ordinary and natural sense, it is our duty to obey that meaning, even if we think the result to be inconvenient, impolitic or improbable.[1]" It cannot be said that the intention of Parliament is absurd or unreasonable, since Parliament can make any provision it pleases. Our only duty is to see what Parliament has done or said.[2]

[1] Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 at 161 per HIGGINS J

[2] Heward v R [1905] HCA 48; (1905) 3 CLR 117 (25 November 1905) ,HIGH COURT OF AUSTRALIA per GRIFFITH J

Sources of Legislative Intent