Statutes in pari materia PDF

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Statutes in pari materia...

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Statutes in pari materia It is no doubt a recognized rule of interpretation, that where statutes are parimateria that is to say, are so far related as to form a system or code of legislation, such Acts are to be taken together as forming one system and as interpreting and enforcing each other. It is permissible to read the provisions of the two Acts together when the same are complementary to each other. The principle of parimateria is based on the idea that there is continuity of legislative approach in such acts and common terminology is used. No change in meaning should be attributed unless this was intended. Lord Mansfield has observed that: “Statues in parimateria are to be all taken as one system to suppress the mischief..... The two laws are only parts of the same provision”. In respect of definitions it has been observed “Where a term is used without definition in one Act, but is defined in another Act which is in parimateria with the first Act, the definition may be treated as applicable to the use of the term in the first Act. This may be done even where the definition is contained in a later Act.” The sole question to apply this doctrine is whether, in borrowing the word, Parliament also intended to borrow its previous processing. This can be a very difficult matter to determine. One test is whether the two Acts are in parimateria.

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