Modern Statutory Interpretation Framework, Principles and Practice

[19.1] Statutes often operate for many years. Yet the passage of time may mean that a statute is operating in circumstances quite different to the circumstances in which it was enacted. The question is how these changes affect the interpretation of the statute. The principle of interpretation that a statute is to be interpreted as ‘always speaking’ is typically invoked in this context. It provides that, where appropriate, a word or phrase in a statute is to be construed as speaking continuously in the present. This means that it may be possible for statutory text to apply to a state of affairs or a legal environment that was not known or understood at the time the statute was enacted. The potential to construe statutory text as ‘always speaking’ is a matter of construction. In this context courts have emphasised the distinction between the connotation, or ‘essential’ meaning, of text, which does not change, and its denotation, or application, which may. If the essential meaning can be expressed at a sufficiently broad level, consistent with statutory purpose, then it may apply to a class of things or a state of affairs that exists at the time of interpretation, but not at the time of enactment.