Essay statutory interpretation

Essay statutory interpretation

Aug 24,  · STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed, as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * . The main approaches of statutory interpretation revolve around the traditions of the civil and common law (canons of construction). Grammatical/ literal interpretation of statutes is the commonest. The Supreme Court will be tasked with the responsibility of ascertaining the meaning of a particular statutory provision. Jun 21,  · In this essay I argue that the statement made by the court in Daniels v Campbell (9) BLCR (C) is true. The interpretative approach adopted by South African courts pre Statutory interpretation pre lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Aug 24,  · STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed, as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * . 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. Don't use plagiarized sources. Get Your Custom Essay on Statutory Interpretation Essay. Associated Press, America's government to intervene in the activities of great and unprecedented press charges.
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Coherent Cookies Policy : our aim is customer satisfaction! We guarantee complete security, fully customized content and perfect services. Read more ». Unlike the case law, the statutes declare a policy, prohibit or command something within the area of its jurisprudence.

These link -referred to as black letter law- guarantee the rule of law in various countries. Statutes are the most important tool of governance without which a democratic country cannot function to the optimum. Furthermore, they not only provide an elaborate legal framework necessary for the routine administration of essay statutory interpretation country but also lay down elaborate constitutional guidelines for making important decision that affect the country as essay statutory interpretation whole.

For the purposes of their proper implementations, legitimized enforcements and further applications, the statutes must be accurately interpreted by competent legal experts within the Supreme Courts. Nevertheless, getting the exact meaning of the various contents of the statutes has posed a lot of challenge due to the following essay statutory interpretation. In cases where more than one draftsman are involved in putting legislative statutes into reconciliation essay documentary records for the purposes of future reference, there would be high chances of incoherence under dissertation study same section.

These forms of inconsistencies could only be identified and further clarified by legal experts. As such, the statutes significantly fail to offer comprehensive provisions to all situations that would arise in the future. The judges need to interpret the statutes in bid to address existing gaps in law that were not originally covered by the statutes. This phenomenon renders the statutes vague and ambiguous and its intent cannot be clearly established.

Essay statutory interpretation, different parties will tend to successfully manipulate the meanings of such statutes in their favor while advancing their arguments in the court of law.

These sets of systematic rules and comprehensive approaches ensure that the intents of the statutes are accurately accrued without any constitutional lapse. The judicial systems place a lot emphasis in this process because it is the only sure constitutional avenue through which the indiscriminative rule of law be realized.

This section essay statutory interpretation the Essay statutory interpretation, Golden and Mischief rules of the statutory interpretation as well the major aproaches to statutory interpretation.

The main approaches of statutory interpretation revolve around essay statutory interpretation traditions of the civil and common law canons of construction. The Supreme Court will be tasked with the responsibility of ascertaining the meaning of a particular statutory provision.

This usually requires deciphering the meaning of the key terms. The civil and common law essay statutory interpretation will usually have a duty to apply a essay statutory interpretation legislative enactment strictly, if the meaning of the statute appears to be clearly defined.

If only one construction is possible, the next question is whether the court is essay statutory interpretation by the words as formulated, or whether there is essay statutory interpretation basis for changing the literal meaning. This category of the statutory approach is pursued very much more in civil law countries than the common law jurisdictions.

Most notably, the common law statutes are not, strictly, supposed to the construed in accordance with their particular legislative history. Thirdly, the teleological approach is the essay statutory interpretation approach to statutory approach that seeks to interpret the legislative text within the context of the contemporary conditions. It presupposes the need to extend the application of a legislative provision beyond the scope of prior legislative intent and to adapt it to rapidly changing social and economic conditions.

Teleological approach is regarded as the only legitimate form of statutory interpretation. However, this approach of statutory interpretation has a number of challenges in its use. It cannot be used to reach conclusion directly as in the case of logical or grammatical interpretation hence essay statutory interpretation can only be used where there are numerous possible interpretations on a particular statute. It gained much popularity in the first quarter of the 19 th century.

The literal rule operates on the principle of interpreting statutes based on the contemporary literal plain meaning of the words used therein.

The plain ordinary word meaning rule has proven very useful in cases where the intent of the Parliament in the process of making the enactments could not be easily determined due to consistencies between the newly legislated Act and the existing enactments within same area essay statutory interpretation legal domain.

If the words essay statutory interpretation precise and pointing, then the judges can accrue the meaning of the statute from the ordinary meanings of the words. The literal rule of interpreting statutes is liable to a lot of absurdity on the mere basis that the meanings of the complex statutes are restricted to mere words which are the most imperfect and unreliable symbols of essay statutory interpretation intent of the Parliament or any other legislative authority over a period of time.

In his observation, Tobias Dorsey maintains that Literal rule could not be independently used to help unearth the hidden rightful meaning of legislation but in combination with other approaches. Consider the scenario of R v Harris to illustrate the greatest limitations of the Literal Rule. The legislation categorically stated that it was only an offense to cut, wound or stab any person. If Harris bit the complainant on the ear lobe then he would be acquitted because he neither used any instrument such essay statutory interpretation knife nor did any of the acts mentioned in the act wound, cut, or stab but his teeth to bite.

Does this mean the acquitted is not guilty of the offense? Dorsey laments that the plain meaning rule is highly subjective and gives judges room for laziness.

The technique prohibits justice within the judicial systems. The Golden Rule operates on the principle that the proper meaning of any legislation can only construed from its ordinary plain words on condition that there is no absurdity, and inconsistency or repugnance with the rest of the Act.

However, in the event of any absurdity, the Golden Rule demands that the grammatical and literary meaning of the words could be subjected to a constructive modification so as to eradicate the imminent inconsistency. In general, the Golden Rule functions in two phases. The literal rule is first applied and should there be any absurdity, the Supreme Court will opt for a different approach with the sole intentions of avoiding the absurdity or ambiguity.

Such available mechanism would include modification of the grammatical words to bring out the rightful intent of the legislative authority. In the long run, the statute is accurately interpreted not only literal meaning of the words used but also on the legislative context under which the enactment was made. The combination of the two approaches literal rule and the research proposal physiology rule in the golden rule made it less erratic in interpreting statutes compared to the unilateral literal rule.

Under the Golden Rule, the judges of the Supreme Court make much reference to the common law canons of construction in their attempts to interpret various statutes.

Before the actual meaning the enactment is reached, the judges will review the historical context upon which the legislative authority passed the bill into a statute.

The Golden Rule remains a perfect model of the legislative history approach. The Mischief Rule is also referred to as the Mischief Policy. In the course of check this out the statute, the Supreme Court will first of all brings into sharp focus the nature of the common law that existed before the statute was legislated, any serious lapse loopholes essay statutory interpretation shortcomings of the common law that hindered it from offering justice, and finally essay statutory interpretation legislative mechanism that the parliament attempted to provide in bid to essay statutory interpretation a continue reading solution to the mischief loopholes and shortcomings of the preliminary enactments.

The Mischief Policy will compel the presiding judges of the Supreme Court to do a thorough source information search into a particular legislation before its eventual interpretation. After the court has established the mischief, taken as the main weaknesses, of the previous common law s that prompted the legislative authority to come up with the existing legislations, it could now interpret the essay statutory interpretation with due precision and accuracy.

So far, the mischief rule is the only outstanding approach that could accurately interpret the legislation with very minimal error. It ensures that various enactments written essay statutory interpretation in technical terms are accurately simplifies or interpreted for effective enforcement. The main approaches of statutory interpretation revolve around the traditions of the civil and common law.

These highlighted approaches are guided by the literal rule, the golden rule, and the mischief in their quest to interpret legislative statutes. Want to know what your projected final grades might look like? Check out our easy to use grade calculator! It can help you solve this question. Statutory Interpretation. Free essays. Limited Time offer! Calculate now. Number of essay statutory interpretation. Number of sources. Academic Level. Hurry to make an order!

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