Web6/06/ · “It is a cardinal principle applicable to all kinds of statutes that you may not for any reason attach to a statutory provision a meaning which the words of that provision Web16/03/ · Statutory interpretation defines the processes by which judges and courts of law engage in the understanding and interpretation of laws while applying legislation to Web21/11/ · NOTES Interpretation of Statutes IOS 1. GENERAL INTRODUCTION Definition Statutory interpretation as a subject of study is the body of rules and
Statutory Interpretation Essay Example
Below are the introduction, body and conclusion parts of this essay. To gain an explicit and profound competence of 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, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply 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, statutory interpretation essay.
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 statutory interpretation essay is absolutely the best. The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view, statutory interpretation essay. 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, statutory interpretation essay, contract, deed, statutory interpretation essay, statutory interpretation essay will.
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 statutory interpretation essay. Legal interpretation may be based on a literal reading of a document. For example, when john doe signs a will that names his wife, statutory interpretation essay, 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. There is no need to consider the surrounding facts and circumstances that went into his choice.
When the intended meaning of the words in a document statutory interpretation essay not statutory interpretation essay expressed and some form of guessing is needed to determine the sense in which they have been used, mixed interpretations can happen. 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. Statutory interpretation essay legislation is not easily interpreted nor understands because of the language construct it has been written in.
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, 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 statutory interpretation essay 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, statutory interpretation essay.
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 statutory interpretation essay for apparently contradictory propositions. Language is not a precise tool. Reason being, statutory interpretation essay, words often take their meaning from the given context, words are an imperfect means statutory interpretation essay 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, statutory interpretation essay, 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 in interpreting the meaning of legislation, statutory interpretation essay, courts use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation. 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 in 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 result 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, 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.
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 of statutory interpretation is the golden rule. This rule provide that if the literal and ordinary meaning of the words of the statute give rise to ambiguity, repugnancy, statutory interpretation essay 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, as 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 statutory interpretation essay court refused to let a murderer benefit from his crime. The third rule of statutory interpretation is the mischief or purposive rule. The literal and golden rule determines what Parliament said, statutory interpretation essay. 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 statutory interpretation essay where at all possible. 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 Court 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. 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, 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 statutory interpretation essay discretion when interpreting statutes.
The judges interpret the law, statutory interpretation essay, and they do this within the cultural context of respective societies. If for example, statutory interpretation essay, 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, Statutory interpretation essay December 4, comDec Statutory Interpretation Essay Topics: Common Law Government Interpretation Justice Law Learning Political Science.
Essay, statutory interpretation essay, Pages 8 words. Get quality help now. Proficient in: Common Law. Cite this page Statutory Interpretation Essay. Recent essay samples. Shakespeare — Sonnet Analysis and Interpretation Essay Pages: 3 words David by Michelangelo Interpretation Pages: 4 words Allegory Of The Cave Meaning And Interpretation Pages: 3 words The Interpretation Of Dreams Oedipus Complex Pages: 6 words Interpretation of Speeches in Othello Act 1 Scene 3 Pages: 6 words Biological Interpretation of Physical Education Pages: 2 words Hamlet Reflection and Interpretation Pages: 3 words Archaeology Interpretation of Hasta Lavista and Tacos Pages: 2 words A Personal Interpretation of the Poem of Christina Rossetti Pages: 2 words An Interpretation of the Parable of the Sower in the Bible Pages: 3 words.
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Web6/06/ · “It is a cardinal principle applicable to all kinds of statutes that you may not for any reason attach to a statutory provision a meaning which the words of that provision Web8/06/ · Essay: Introduction to statutory interpretation Introduction. The purpose of this assignment is to give a clear definition of statutory interpretation and the Statutory Web21/11/ · NOTES Interpretation of Statutes IOS 1. GENERAL INTRODUCTION Definition Statutory interpretation as a subject of study is the body of rules and
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