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Interpretation and Application of Statutory Legislation - Essay Example

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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…
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Interpretation and Application of Statutory Legislation
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Download file to see previous pages 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).
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 ...Download file to see next pagesRead More
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