Interpretation of Statutes at Grenada
Here is an overview of Interpretation of Statutes in Grenada, focusing on how courts understand and apply laws within its legal system:
⚖️ Legal System Context in Grenada
Grenada follows a common law legal system, based on English common law traditions.
The Constitution of Grenada (1973) is the supreme law of the land, and all laws must comply with its provisions.
Statutory interpretation in Grenada is shaped by both local legislation and persuasive decisions from other Commonwealth jurisdictions.
📜 Principles of Statutory Interpretation in Grenada
Literal Rule (Plain Meaning Rule)
Courts begin with the ordinary, grammatical meaning of the words in a statute.
If the wording is clear and unambiguous, it is applied without further interpretation.
Golden Rule
Where literal interpretation leads to absurdity or inconsistency, courts may slightly modify the meaning to avoid such results.
Mischief Rule (Purposive Approach)
Courts consider the problem or “mischief” the statute was intended to remedy.
This approach allows for a broader reading in light of legislative intent.
Contextual and Harmonious Interpretation
Statutes are interpreted in context, with provisions read in harmony with the entire Act and other relevant laws.
Presumptions in Interpretation
Courts may presume:
That Parliament does not intend to override common law rights unless stated.
That statutes do not apply retrospectively unless expressly provided.
That laws comply with the Constitution and international obligations.
Use of Extrinsic Aids
Courts may consider:
Hansard (parliamentary debates)
Explanatory notes and preambles
Law commission reports
Case law from the UK, Caribbean Court of Justice, and Privy Council
🏛️ Judicial Authorities
The Eastern Caribbean Supreme Court (ECSC) serves Grenada, including the High Court and Court of Appeal.
The Judicial Committee of the Privy Council (UK) remains Grenada's final appellate court.
Local and regional precedents are persuasive, particularly decisions from the ECSC and other Commonwealth nations.
📚 Key Legislative Tool
The Interpretation and General Provisions Act (Cap. 153) of Grenada governs statutory interpretation, including definitions, time computation, and application rules.
The Act is similar in form and function to the UK Interpretation Acts.
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