Statutory interpretation is the process by which courts determine the meaning and intent of legislation passed by a legislative body. It is an important aspect of the legal system, as it helps to ensure that laws are applied consistently and fairly.
There are several approaches to statutory interpretation, each with its own set of principles and methods. The most common approach is the plain meaning rule, which holds that the words of a statute should be given their ordinary and common meaning. This approach is based on the idea that the legislature intended for the law to be understood by the average person and that the words of the statute should be given their plain, straightforward meaning.
Another approach to statutory interpretation is the purposive approach, which looks at the purpose or aim of the legislation. This approach recognizes that the language of a statute may not always be clear or may not capture the full intent of the legislature. In these cases, the court will consider the context and circumstances surrounding the legislation, as well as the overall purpose of the law, in order to determine its meaning.
A third approach to statutory interpretation is the mischief rule, which looks at the problem or gap in the law that the legislation was intended to address. This approach is based on the idea that the legislature passed the law to remedy a specific problem or gap in the law, and that the court should interpret the law in a way that best achieves this purpose.
Finally, the golden rule of statutory interpretation is a more flexible approach that allows the court to depart from the plain meaning of the words of a statute if necessary to avoid an absurd or unreasonable result. This approach recognizes that the language of a statute may not always be clear or may not fully capture the intent of the legislature, and that the court may need to look beyond the plain meaning of the words in order to give effect to the overall purpose of the law.
In conclusion, statutory interpretation is an important aspect of the legal system, as it helps to ensure that laws are applied consistently and fairly. There are several approaches to statutory interpretation, each with its own set of principles and methods, and the approach used by a court will depend on the specific circumstances of the case.
Essay Outline The Rules For Statutory Interpretation
Socrates obviously knew this because he agreed to the social contract at adulthood. Second, as they use the purposive approach for EU law they are becoming accustomed to using it and more likely to use it to interpret domestic law. Medical reports were presented before the court without prove and on the absent of the laboratory specialist who conducted the test. It is impossible even for the most imaginative legislature to forestall exhaustively situations and circumstances that may emerge after enacting a statute where its application may be called for. Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. This can be deduced from relevant documents that were available during enactment in the parliament.
Parliament sometimes includes sections defining certain words used in that statute; such sections are called interpretation sections, which define certain words in the act itself. . . The purpose of this paper will be to first present how the current voting laws have been developed through federalism. A chief inspector of police charged against a respondent that he unlawfully offer for sale a knife which is, contrary to s.
These are rules used by the courts to interpret the meaning of an Act. Acts of Parliament can be difficult to understand despite the very specific word definitions of statutes, statutory interpretations give judges a deeper understanding of legislation. But in most cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. However many courts still find them persuasive, and you may use these canons to justify and provide support for a particular interpretation of a statute. Firstly, it is important to understand the school of thought of Ronald Dworkin. The main advantage of the literal rule is that it fits easily in the constitutional principle without causing any much of problems.
. In these jurisdictions, the legislation tends to set out the general principle and the fine details would leave to the future to fill in the gap by the judges later on in later cases. It was regarded as a curious mask-like visage, not really an accurate representation A Critical Interpretation of Hans Kung? A useful illustration of the literal rule in practice is provided by Baptiste —v- Alleyne 1970. An associate judge is a person appointed as per the dictates of S. . In this case there was a dispute with regards to clause 20 of the sale and purchase agreements dated 1 st August 1919 Clause 20 of the standard sale and purchase agreement reads as follows; 20 1.
Statutory Interpretation is very important because the interpretation of a word can lead to the justice or injustice in a case. The Literal Rule Under this rule, developed in the early nineteenth century, the courts will give words their ordinary or literal meaning, even if the results is not very sensible. The approach was always used when interpreting European Law, although Britain has of course now left the EU. The Theory and Practice of Statutory Interpretation. The Act number is 6230 of 1958. The dead woman had only one son who had murdered her. This ethical issue defines the limitations of the Constitution Act of 1867, which did not allow a broader process of examination and choice for the a new Supreme Court Judge.
The Act of Parliament also known as the enabling Act delegates limited law-making powers to an individual or organisation. The Interpretation of Legislation Act 1984 Vic is relevant to the interpretation of the Act. In addition, the plain language movement is a live and current issue, not just in English speaking countries, but worldwide — as the use of plain language is slowly being adopted by government agencies, businesses, and law firms. If they are capable of more then one meaning, then you can choose between those meaning, but beyond this you cannot go. A law which is enacted by the parliament can be extended to the whole nation.
. Following this ruling, the city appealed this decision and won. The four rules used for interpretation are the literal rule, the golden rule, the mischief rule and the purposive rule. U then judges would not need to waste time on to interpret the statutes creatively. For this reason, they should be regarded as extrinsic aids.
Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. ContextThis doctrine of statutory construction suggests that you can determine the meaning of an ambiguous term by reference to the words associated with it. This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years interval regard the date of this written agreement. The whole case or part of it can be moved to mediation. Language itself is ambiguous. From the statement of the Cross about the formula, it is able to be criticise that, all the interpretation would not be interpreted in phrases or sentences instead it would be interpreted in isolated words.
U law had cause U. In other words, the means of utilizing statutory laws where by Judges tried to discover the purpose of parliament putting laws in action is also known as Statutory Interpretation. The final version of what Parliament agreed is the actual words used in the Act. This rule has also bought about harsh decisions due to the way it is applied. This had made so many decisions in cases to be absurd or better be known as injustice but yet again what can we do to resolve such things from happening. At the same time, it becomes the duty for the U.
The oft-quoted case illustrating this rule is Fisher v Bell 1960. . A THE RULES OF STATUTORY INTERPRETATION 1. It is notable that the general methods of statutory interpretation are not themselves regulated by Parliament, but have been developed by the judges. So, in the example given, chalk would not be a writing instrument as it is not used to write on paper. As suggested by Sir Rupert Cross, the unified contextual consideration approach applies when these rules are used in determining a case. In addition, he paid NO child support from February 2000 to June 2000.