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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A statute is enacted by Parliament without stating whether it applies to acts done before its commencement, and it imposes a new obligation on employers. Which presumption would a court ordinarily apply?

A court would presume that the statute operates prospectively. Laws creating new obligations are not taken to apply to past acts unless the legislature clearly shows a contrary intention, either expressly or by necessary implication.

  1. AThe statute is presumed to operate prospectively unless a contrary intention appears expressly or by necessary implicationCorrect
  2. BThe statute is presumed to operate retrospectively from the date of the Constitution
  3. CThe statute is presumed to apply only to State Governments
  4. DThe statute is presumed to have no legal effect until judicially approved

Explanation

The general presumption is that a statute that affects substantive rights or imposes new obligations operates prospectively. Retrospective effect requires clear words or necessary implication. The other options state no recognised presumption.

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