Modern interpretation (and “always speaking”)

The interpretation and application of statutory rules are a mainstay of judicial work. Particularly in recent decades there has been extensive debate about what judges should be doing when faced with the interpretation and application of statutory rules in the task of deciding the case before them. I make the claim that we find in the recent judgments of the United Kingdom Supreme Court in News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 7 (News Corp v Cus- toms) a definitive and authoritative guide to correct judicial interpretation, and dare I say, the last word on the correct approach. This article begins with a discussion of the case, including the most significant features of the judgments, followed by a Commentary, under headings Meaning and Reference, Updating, Intentionalism, Coherence, and Advocacy. The support for modern interpretation will be evident, but I do add a number of aspects that did not require treatment in News Corp v Customs, but are part of modern interpretation.