Interpretation and Application of Statutory Legislation - Essay Example

No: Interpretation and Application of Sta y Legislation In the United Kingdom, the Parliament as in other countries assumed the role of lawgiver. The law drafted, tabled and passed by the parliament requires an endorsement of Royal Crown. The law passed by the parliament may be of personal, private, public or localize in its structure. The statutory legislation that relates to said areas may be raised by the member as private bill shall also require the assent of Royal Queen. The example of this sort of legislation is Interpretation Act 1978 (Slapper & Kelly 89). The courts while deciding the cases of statutory legislation binds to take into consideration the prevalent laws, applicable rules and a set of precedence in similar cases for the purpose of clarity and to identify the loopholes in existing laws. The ambiguous laws need to be addressed by the parliamentarian to streamline in light of the court decision. Many rules are known as collective rules in terms of its statutory interpretation. The competent court of law applies different rules in different scenarios besides the decisions of other courts to decide the matter (Slapper & Kelly 134). The three rules as golden rule, literal rule and the mischief rule are applied by the court to assess the objective of legislation that has passed by the constitutionalist. The golden rule may be used where the literal rule leads to an absurd status. In specific situation courts do not go for interpretation of legislation (Slapper & Kelly 133). The court of competent jurisdiction refers to the words and meaning in interpreting the legislation inclusive of title legislation, preamble and its schedules. Mentioned items are applicable while interpreting the statute: a) Not to bind the Crown b) Opposed to procedural law c) Not to intervene with legal rights in vogue d) Respect the jurisdiction of the courts e) Not to abstain from the path of constitution / international law f) Clear in words and its meaning. Statutory legislation is passed by the parliamentarian. However, common law is defined by judges of competent courts. Common law is based on the concept of precedence i.e. how the court the court is to interpret the law. Under the common law the facts of a particular case is determined by the court of law in line with the cases already heard and decided having similar grounds. Statutes and ordinances are legislated by the Parliament which is subsequently ascended by the Royal crown. These laws are considered as laws subordinate to the constitutional law (Slapper & Kelly 121). Statutes imposing taxation or penalty are subject to detailed assessment to address identified ambiguity for resolution. The statutory interpretation is generally based on three rules as mentioned herein above. Strict application of literal rule in the eyes of judges has no significance. The strict literal interpretation culminates absurdness. The golden rule outside the purview of the act, hence the court can apply mischief rule. However, English courts are more literal in their approach than in most other territorial jurisdictions (Wolfe 69). Mischief rule was favored by the Law Commission in view of the purposive approach to interpret the law. In the larger interest of justice, judges should find out the intention of parliament concerning the purpose of specific legislation. In England, mentioned rules, come to surface 200 years ago. With the assumption of role as law makers by the parliamentarians, the common law and the royal prerogative become in fructuous. Until then, the courts regarded statutes as an instrument to plug the holes of the common law. The law makers expect that courts should treat the exact wordings of Acts as the voice of the legislature. Here, we may cite Sussex peerage 1844 case to express the rule. The role of parliament is to enact statutory legislation to address the particular issue, which should not be in conflict of the constitution in force (Morrison 129). The intention of the law makers should be clear, precise and un-ambiguous. The competent court of law interprets statutory legislation with regard to the facts of the case before it. Therefore, it is a matter of judicial convention and precedent (Wolfe 65). To remove the misunderstanding, it is the duty of the court of competent jurisdiction to interpret the statutes in clear terms. The decision should be based on the supremacy of law. The logic in it is to ensure that the decision should be in consistent with the constitution. The job of a judge is to interpret the law within the ambit of available provision of the constitution. In the cited case of RCN v DHSS (1980) AC 800 wherein Lord Denning held that judges should not take care of the sentiments of either side instead judges should go by the contents of the statute without mincing a word (Wolfe 116). Justifications for strict literal interpretation are: careful drafting of legislation as legislators should know that their words will be read accordingly, judges to be seen as non-political, they maintain Parliamentary supremacy, second marriage if void does not fall within the purview of bigamy, protection against the exploitation, court should not allow extending common sense in cases whose factors were not envisaged by the legislature and courts to give effect to the intention of Parliament (Wolfe 72). According to British judicial system, Appellate courts are empowered to hear appeals against the decision of trial courts. The major appellate courts are the Court of Appeal and the Supreme Court. The jurisdiction of Court of Appeal confines to England and Wales. It comprised of civil and criminal Division. The one hears appeals against decisions of the High Court, the other one hears appeals concerning against the deficient judgments by the Magistrates and Crown Courts. The Court’s decision will be unanimous with a two to one majority (Slapper & Kelly 144). Supreme Court being the chief court of UK has the prerogative to hear the appeals received from the petitioners against the decision of court of appeal. Appeal to the Supreme Court will be entertained where the point of public importance prevails. The bench which comprised of minimum five or maximum twelve judges will hear such cases. Decision of the court will be either consent judgment or judgment with simple majority (Slapper & Kelly 123). The decision of Supreme Court, Appellate Court and the Committee of House of Lords ensures that similar cases are treated similarly in the court of competent jurisdiction. It is incumbent upon a judge while deciding the case to consider all applicable laws under the constitution in specific cases before it. Constitution is always treated the supreme law of the land. Hence, the Constitution by all means itself a true reflection of fundamental laws and rights. Statutes become law when all are in consonance with the Constitution. State constitutions and statutes are in consistent touch with the Constitution. Any statutory legislation, if found contrary to the constitution to be treated to be void by the competent court. As part of inherent duty to determine the law, the courts have to interpret and decide whether the statutes in conflicts with the Constitution or not. The Supreme Court of UK is the final and ultimate appellate authority to decide the cases of all sorts inclusive of statutes are in accordance with the Constitution (Slapper & Kelly 128). Works Cited Morrison, Alan B. Fundamentals of American Law. New York: Oxford University Press, 1996. Riches, Sarah & Allen, Vida. Keenan and Riches Business Law. (10th ed.). London: Pearson Education Limited. Slapper, Gary & Kelly, David. The English Legal System. London: Routledge-Cavendish, 2008. Wolfe, Christopher. The Rise of Modern Judicial Review. London: Rowman & Littlefield, 1994. Read More