INTERPRETATION OF STATUTES INTRODUCTION It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law. Moving further‚ to understand everything about interpretation which has been gradually evolved in modern context from ancient Indian rules with the help of follows up of different
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The Literal Rule is the cornerstone of this approach. The literal rule requires the courts to give the words of a statute their plain meaning. It is for a court to interpret Parliament’s intention from what it has actually said – not from what it thinks it meant to say. This can produce some surprising results as‚ in practice‚ words seldom have a single plain meaning. Whiteley v Chappell (1868-69) LR 4 QB 147 It was a statutory offence to impersonate “any person entitled to vote” at an
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catch the intention of Parliament following a single procedure. This is why several rules of interpreting statues have emerged. These are discussed below: The literal rule: Literal rule states that the words used in a statute must be given their plain‚ ordinary or literal meaning (Whiteley v Chappell). This is the simplest rule to follow and best way to reflect Parliament’s intention in general. But‚ sometimes the structure of language may render the meaning obscure (ambiguity). Sometimes Parliament’s
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Title: Using the knowledge of principle and rule used by judges to interpret statute‚ and comment on Derek situation. The system of law is divided in two parts including Public Law and Private Law or Civil Law. In there‚ Public Law continuously includes three other areas which are Constitutional‚ Administrative and Criminal Law. According to Griffiths (2011 p.3)‚ in Law for-Non Lawyer‚ and Criminal Law is defined as “Certain kind of wrongdoing pose such a serious threat to the good order of society
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Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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UNIVERSITY OF NAIROBI‚ SCHOOL OF LAW GPR 109: LEGAL SYSTEM AND METHOD LEGAL METHOD TAKE AWAY CAT NKARICHIA MUGAMBI DENNIS G34/3053/2013 Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of practice than legal rules. Outline the most common of these and give a brief commentary or explanation of the same. RULES OF LANGUAGE IN STATUTORY INTERPRETATION. The traditional common-law approach to statutory
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establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1 “courts will give words their plain‚ ordinary or literal meaning‚ even if the result is not very sensible”. This rule should be used wherever possible and‚ generally‚ will produce a reasonable interpretation. However‚ there have been cases where this application has led to an absurd
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and how they may be used. The literal rule Under this rule the judge considers what the statute actually says‚ rather than what it might mean. In order to achieve this‚ the judge will give the words in the statute a literal meaning‚ that is‚ their plain ordinary everyday meaning‚ even if the effect of this is to produce what might be considered as an otherwise unjust or undesirable outcome. The literal rule says that the intention of Parliament is best found in the ordinary and natural meaning of
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The introduction of the Human Rights Act (1998) (HRA) into the English legal system imposed new requirements as to the interpretation of statutes. In particular in situations where conflicts arise between statutes and the HRA‚ judges are required to interpret legislation in a way which is compatible with Convention Rights. This presents a marked change from the traditional approach to statutory interpretation which is based on a much more literal approach. Here we assess the degree of this change
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(a) Explain the different approaches to the interpretation of statutes in England and Wales. Statutory interpretation is the process of a judge interpreting and applying legislation. Interpretation of statutes is necessary as many of them where written hundreds of years ago and language has changed. Society has also changed and so statutes need to be applied to modern society. Drafting errors may have been made when the statute was written which would then require interpretation. For example
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