Nobody downloaded yet

The Methods of Statutory Interpretation Available to the Judiciary - Essay Example

Comments (0) Cite this document
The Methods of Statutory Interpretation Available to the Judiciary Introduction When the legislature passes law, the judiciary is tasked with interpreting and applying the statute to the facts and circumstances of the case to which the statute applies.1 Ultimately, the judiciary attempts to determine Parliament’s intention at the time of drafting and passing the relevant statute…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.4% of users find it useful
The Methods of Statutory Interpretation Available to the Judiciary
Read TextPreview

Extract of sample "The Methods of Statutory Interpretation Available to the Judiciary"

Download file to see previous pages The primary rules are the mischief rule, the literary and the golden rule. The judiciary also uses what is referred to as the purposive approach and typically enter the statutory interpretation process based on a set of presumptions.4 This research study analyses how the judiciary uses these rules, presumptions and the purposive approach for maintain consistency in the application of statutes. Presumptions The judiciary applies presumptions to guide them in the construction of statutes. There are essentially six main presumptions used by the judiciary. The first well known presumption is the presumption that penal laws are interpreted “strictly in favour of the citizen”.5 In R v Cuthbertson the House of Lords construed the Misuse of Drugs Act 1971 in favour of the defendant. Under the 1971 Act, forfeiture was permitted in respect of any items the court felt were related to the offence. However, the House of Lords rules that since the provision did not state conspiracy to commit the offence, but rather specified the actual offence, forfeiture would not be permitted for a conspiracy offence under the Misuse of Drugs Act 1971.6 Other important presumptions include the presumption that statutes are not meant to alter the common law; statutory criminal offences are typically require the mental element of mens rea; Parliament does not intend to usurp the court’s jurisdiction; and statutes do not have “retrospective effect”.7 There are also a number of linguistic or language-based presumptions used by the judiciary in the interpretation of statutes. For example, the maxim noscitur a sociis dictates that words “take meaning from the context”.8 The maxim noscitur a sociis was applied in Muir v Keay in relation to the construction of the Refreshment Houses Act 1860. Under the 1860 Act houses to which the 1860 Act referred were house that provided refreshments, resort and entertainment to the public. It was held that entertainment in the context of the 1860 Act could not refer to theatre or music but rather applied to refreshment, reception and accommodations.9 Another instructive maxim related to the language of a statute used by the courts as a guide for the interpretation of statutes is expression unius exclusion alterius which means that: The express mention of one member of a class by implication excludes other members of the same class.10 For instance should a statute use the word “land” it can be assumed that land includes mines. However, if the word is grouped together with other words such as “lands, houses and coalmines” it can be assumed that the word land does not refer to any other mines aside from coalmines.11 The maxim ejusedem generis is also used by the judiciary as an aid in the interpretation and application of statutes by reference to the language used. The maxim ejusdem generis presumes that where a statute provides a list of specific words, any general term appearing at the end of the list will be interpreted by reference to the list of particularized words.12 Maxims are methods of linguistic interpretation that help the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The Methods of Statutory Interpretation Available to the Judiciary Essay”, n.d.)
The Methods of Statutory Interpretation Available to the Judiciary Essay. Retrieved from
(The Methods of Statutory Interpretation Available to the Judiciary Essay)
The Methods of Statutory Interpretation Available to the Judiciary Essay.
“The Methods of Statutory Interpretation Available to the Judiciary Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Methods of Statutory Interpretation Available to the Judiciary

Statutory Interpretation Business Law Assignment

...Sta y Interpretation Traditionally, the arms of government have had their functions defined: the legislature makes law; the executive implements it while the judiciary interprets it. To date, there has not been much change to this allocation of power to the three arms save for the common call for further separation of powers. The powers of the court therefore have much to do with the interpretation of law and as long as the court acts towards this end, no arm of government can usurp its power. Since the courts do not make law, this being Parliament’s role, they can only interpret what is presented to them as law via statutes (Riches & Allen 2011). Since...
6 Pages(1500 words)Essay

Case Study on Statutory Interpretation

...? Sta y Interpretation Using your knowledge of the principles and rules used by judges to interpret statutes, comment on whether Derek has committed an offence in the following situation. Judges have a responsibility and obligation of dispensing justice in accordance to the law of a given country. They preside over court proceedings regarding particular cases with a bid to administer justice. Their powers, training, method of appointments, and functions vary across different jurisdictions.1 However, regardless of jurisdictions and provisions of law, judges are required to conduct themselves in a court of law in an impartial manner. In presiding over court proceedings, they hear all...
8 Pages(2000 words)Essay

Rules of Statutory Interpretation

...?RULES OF STA Y INTERPRETATION 'The Rules and Approaches that apply to sta y interpretation give too much latitude to the courts, and it seems there are no underpinning principles' Discuss the validity of this view, and consider the influence of the European Law in your answer After the parliament has passed an Act, it is upon the courts to apply the statute to a given case. As such, the judges are supposed to apply rules and approaches in the interpretation of the statute so as to ensure that the intention of a particular legislation is achieved. Besides, the judges have a role in developing constitutional principles in statutory interpretation and...
9 Pages(2250 words)Essay

Statutory Interpretation

...Sta y Interpretation Alec has a criminal liability for obtaining extra cash from Vera by deception. This criminal liability is under s 15 Theft Act 1968 which applies to anyone who takes advantage of someone to obtain his property by deception. For this case, when Vera approached Smart Alec IT Shop to purchase a computer, she needed something simple that can be used to communicate with his only relative, a grand child who lived in the USA. She estimated that she needed a computer worth around 200 but was told by Alec that for the kind of work she wanted a computer for, she needed one that is worth 2000. In fact the same computer is sold by the shop at 1000 but Alec took advantage of the old woman and charged her more...
4 Pages(1000 words)Case Study

Statutory Interpretation Case Study

...Statuary interpretation Statuary Interpretation By: Submitted 27th February 2009 This paper would relate certain offences committed by different people in different capacities and their consequent convictions. This paper would seek to provide understanding of the sort of the offences that can exist and the sort of sentences that is handed out as a result. A) In the first case scenario, Debbie is accused of robbery as she has taken a ring from the defendant's finger while the defendant was in a state of unawareness and consequently, Debbie had no right to it. In order to establish the dishonesty of Debbie, what would have to be proved would have to be that she fulfills the criteria established for...
5 Pages(1250 words)Case Study

Interpretation Methods

...sites is just an interpretation based upon available evidence and they are totally free to speculation and debate. A successful interpreter requires an interpretative technique that can involve the visitors to make them want to know more. This state is quite rare to achieve. Still the living history methodology is capable enough to intrigue visitors, in order to involve them in a way that other more conventional methods do not or are less effective. According to the observations and records, when living history theory is used as a technique on a site instead of ...
22 Pages(5500 words)Essay

Modern Statutory Interpretation overview of the current available data about "statutory interpretation." And then, on the latter part, I will try to present court cases involving statutory interpretation and which interpretation prevailed. The discussion will give me a side that shall be weighed heavily on the conclusive part. The contents of this Essay will include: - Introduction or an overview of the topic; - Body/Main Part which will consist of the discussion; - Main arguments which will include the most basic side of my discussion; - Supporting arguments which will give additional credence to my point; and - Conclusion, which will sum up what I have perceived...
6 Pages(1500 words)Essay

Precedent- Statutory Interpretation

...repeatedly? Now, once these rules are used, decisions are placed at par with acts of Parliament, when future cases arise with the same or similar content. With that in mind, the courts effectively have become virtual legislators. But do judges really have a powerful law-making function? It appears they have, but this should not be deemed as law-making. Judges are limited to interpreting existing laws in light of previous cases and accepted principles of statutory interpretation. This should not be construed that judges are themselves legislators, since they cannot initiate their own legislation that Parliament would deliberate. Notice also that the operative word in the question is...
8 Pages(2000 words)Essay

Statutory interpretation it has been enshrined by the constitution of that nation. If judiciary feels that any such provision is present in the statute then it sends it back for required rectification or it may cancel such statute. Additionally, it is the onus of judiciary to see what actually a statute tries to convey and to which extent scope of the statute is expansive so that it can be applied in interpreting the scope of law, while coming up with any judicial decision making process. Due to such capacity of judiciary, in the context of interpreting a statute, statutory interpretation is also referred as “judicial...
5 Pages(1250 words)Essay

Statutory interpretation

...Sta y Interpretation Introduction Sta y interpretation is the act or process of interpreting and applying legislation. It is the principles developed by courts for interpreting statutes. ON the other hand it can also be referred to as statutory construction. Sometimes the words of a statute contain have a plain and direct meaning. However in most cases they contain some ambiguity or vagueness in the words of the statute which needs to be resolved by the judge. In this respect various tools and methods of statutory interpretations, including traditional canons of statutory...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Methods of Statutory Interpretation Available to the Judiciary for FREE!

Contact Us