Essay Outline The Rules For Statutory Interpretation. P5: Outline the rules for Statutory Interpretation Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes, judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated Apr 03, · Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical Feb 22, · 22 February by Essay Sauce. Interpretation of statutes should be done keeping in mind the intent of the legislature. The courts are to avoid arbitrary interpretation of statutes and therefore there have been certain principles to ascertain the true and actual meaning of statutes known as rules of interpretation
Essay Outline The Rules For Statutory Interpretation Essay
Below are the introduction, body and conclusion parts of this essay. To gain an explicit and profound competence statutory interpretation essay statutory interpretation and rules of statutory interpretation, they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law, which means, statutory interpretation essay, where laws are taken from to aid in the decision making process by the courts, and this is how the courts statutory interpretation essay and interpret the legislations or acts of Parliament within a situation or a court case. These are rules used by the courts to interpret the meaning of an Act. I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has.
Am telling you man this writer is absolutely the best. The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute statutory interpretation essay specific evidence and then back to the general view. As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, statutory interpretation essay, deed, or statutory interpretation essay. The interpretation of written documents is fundamental to the process and Practice of Law.
Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction. Legal interpretation may be based on a literal reading of a document. For example, when john doe signs a will that names his wife, Jane Doe, as his Personal Representative, his intent to name her the administrator of his estate can be determined solely from the specific language used in the will, statutory interpretation essay. There is no statutory interpretation essay to consider the surrounding facts and circumstances that went into his choice.
When the intended meaning of the words in a document is not clearly expressed and some form of guessing is needed to determine the sense in which they have been used, statutory interpretation essay, mixed interpretations can happen, statutory interpretation essay. How a lawyer or judge ascertains intent when words are unclear is typically governed by rules of statutory interpretation. The statutes or acts of Parliament may part take of the general uncertainty inherent in the language. Some legislation is not easily interpreted nor understands because of the language construct it has been written in, statutory interpretation essay.
Language itself is ambiguous. Enacted Laws, especially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation. But the experience of all those, who have to bear and share the task of application of the law, statutory interpretation essay, has been different. It is quite often that we find courts and lawyers busy in unfolding the meaning of ambiguous words, expressions and resolving inconsistencies. The age old process of application of the enacted law has led to formulation of certain rules of interpretation.
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. The function of the courts is only to expound and not to legislate. The numerous rules of interpretation formulated by courts are expressed differently by different judges and support may be found in these formulations for apparently contradictory propositions. Language is not a precise tool. Reason being, words often take their meaning from the given context, words are an imperfect means of communication, words very often have more than one meaning i.
they can be ambiguous, a broad term may be used in a statute which can give rise to confusion and uncertainty, there may be errors or omissions when the statute is drafted and last but not least new developments in society can make the words used in a statute out of date and they may no longer cover the current situation. In order for consistency statutory interpretation essay interpreting the meaning of legislation, courts use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation, statutory interpretation essay.
Different rules of interpretation may be applied and depend upon the nature of the ambiguity and the content in which it arises. The literal rule allows that the words and phrases statutory interpretation essay a statute should be given their ordinary and literal meaning and once the ordinary meaning is clear the court is obligated to apply it even if to do so would statutory interpretation essay in injustice. Judges may use the extrinsic aid of a dictionary to give words their ordinary meaning. Although there has been a general move away the literal approach in recent years, statutory interpretation essay, some judges prefer to start with this method and apply the ordinary meaning of the word wherever possible.
A useful illustration of the literal rule in practice is provided by Baptiste —v- Alleyne The legislation under scrutiny in this case was the then Larceny Ordinance Act, statutory interpretation essay. The defendant was found outside a house with his hand through a window choking a female occupant. As such Mr. Therefore in this case the appeal was allowed, hence the conviction was quashed. The second rule statutory interpretation essay statutory interpretation is the golden rule. This rule provide that if the literal and ordinary meaning of the statutory interpretation essay of the statute give rise statutory interpretation essay ambiguity, repugnancy, inconsistency or absurd results which Parliament could not have intended, then the judge may substitute a reasonable meaning in light of the statute as a whole.
An example of how the golden rule was used to regulate the absurdity and repugnant result that would emanate from the literal rule being used is in the civil case of R v Sigsworth Facts revealed that a son had murdered his Mother. As such, the mother had not made a will but, statutory interpretation essay per rules in Administration of Justice Acther next of kin her son-also her murderer would inherit her respective possessions. No ambiguity in the wording of the Act, but the court refused to let a murderer benefit from his crime. The third rule of statutory interpretation is the mischief or statutory interpretation essay rule. The literal and golden rule determines what Parliament said.
The Mischief Rule is applied to what Parliament meant. What was the common law before the statute was passed. What remedy Parliament was trying to provide. The mischief rule may be applied to ascertain the purpose for which the legislation was enacted, by going beyond the actual words used in the legislation. Courts are in a most difficult position in this regard as they do not pass the legislation which they are required to interpret and the court will strive for a sensible meaning to the statute where at all possible, statutory interpretation essay. An example how the mischief rule is apply in statutory interpretation is in the case of Smith v Hughes Prostitutes charged with soliciting on the streets contrary to the Street Offences Act Defence made that they were inside a building and tapping on a window to attract men thus not on the street.
Despite such, the Statutory interpretation essay applied the Mischief Rule and found them guilty because the SOA Act was designed to prevent prostitution. These are assumptions judges make, however, they must be examined within the context of respective cases, statutory interpretation essay. Judges operate on the basis of these presumptions to ensure accurate interpretation of law. Judicial discretion is inherent in statutory interpretation. The legislature cannot craft statutes to govern every in action. Moreover, when a statute is enacted, statutory interpretation essay, the legislature knows that its chosen language may bear more than one interpretation, entrusting the judiciary with discretion to identify the correct meaning of that inevitably ambiguous language.
For these and other reasons, judges must exercise discretion when interpreting statutes. The judges interpret the law, and they do this within the cultural context of respective societies. If for example, a strict or literal interpretation of an act may create civil disturbance. And the mischief rule as well as the golden rule give judges this discretion. Statutory Interpretation Essay. com, Dec 07, Accessed April 18, comDec Statutory Interpretation Essay Topics: Common Law Government Interpretation Justice Law Learning Political Science.
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Legal System \u0026 Method - Chapter 4: Statutory Interpretation (Part 1) (Degree - Year 1)
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Jun 06, · The case of Cheeseman, as mentioned earlier, illustrated several of the problems of statutory interpretation. It is an example of the courts taking the words literally. However, it can be argued that the defendant “willfully and indecently exposing his person in a street” and that he was caught doing that Essay Outline The Rules For Statutory Interpretation. P5: Outline the rules for Statutory Interpretation Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes, judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated Feb 22, · 22 February by Essay Sauce. Interpretation of statutes should be done keeping in mind the intent of the legislature. The courts are to avoid arbitrary interpretation of statutes and therefore there have been certain principles to ascertain the true and actual meaning of statutes known as rules of interpretation
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