Nobody downloaded yet

Rules of Statutory Interpretation - Essay Example

Comments (0) Cite this document
Summary
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.6% of users find it useful
Rules of Statutory Interpretation
Read TextPreview

Extract of sample "Rules of Statutory Interpretation"

Download file to see previous pages In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons. The use of rules and approaches in statutory interpretation is necessary because of the following reasons: more often than not, words have more than one meaning; errors of omission or commission may have been committed during the drafting if the statute; words can prove to be imperfect means of communication; and, society may experience new developments that may render some words in the statute out-of-date since they can no longer cover contemporary situations.2 Rules and approaches to statutory interpretations have been developed by the judges; the Interpretation Act of 1978 provides basic definitions which are necessary during statutory interpretations.3 As a matter of fact, the main function of the courts is to interpret the Acts of Parliament; they have the role of attempting to establish the Parliament’s intention in passing of a particular Act and make a decision based on that intention. However, there is a view among legal scholars and practitioners that the rules and approaches that apply to statutory interpretation give too much latitude to the courts, and there seem to be no underpinning principles.4 It is in the light of this that this paper will focus on the rules and approaches that apply to statutory interpretation and discuss the validity of this view. In addition, it will consider the influence of the European Law in regard to this topic. As has been noted, the courts use rules and approaches in interpreting statutes. Conventionally, the judge will perform the following tasks during statutory interpretations: consider the legislative intent of the statute, objective meaning of the appropriate text, the traditional canons of the statutory interpretation, and the general purposes and policies behind the legislation among others.5 Based on those considerations, the court may determine how the statute could be interpreted to mean.6 However, the court may also determine that there is no sufficient reason to prefer one way of interpretation over the other. This is one of the reasons that make some legal scholars and practitioners to have the view that the rules and Approaches that apply to statutory interpretation give too much latitude to the courts.7 They argue that even though it is assumed that diligent application of these rules and approaches will enable the courts to be persuaded on which interpretation is legally preferable; in some cases the courts encounter frustrations while attempting to find the legally preferable interpretation of statutes. As a result, sometimes judges have to pretend that these rules and approaches have yielded decisive interpretation when in real sense they have not, a situation that encourages arbitrariness and obfuscation in making of judicial decisions.8 In order to effectively discuss the validity of the view that 'The Rules and Approaches that apply to statutory interpretation give too much latitude to the courts, and it seems there are no underpinning principles', it is important to understand what these rules and ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Rules of Statutory Interpretation Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
Retrieved from https://studentshare.org/law/1444389--the-rules-and-approaches-that-apply-to-statutory
(Rules of Statutory Interpretation Essay Example | Topics and Well Written Essays - 2250 Words)
https://studentshare.org/law/1444389--the-rules-and-approaches-that-apply-to-statutory.
“Rules of Statutory Interpretation Essay Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.org/law/1444389--the-rules-and-approaches-that-apply-to-statutory.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Rules of Statutory Interpretation

Interpretation and Application of Statutory Legislation

...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...
5 Pages(1250 words)Essay

Statutory Interpretation Business Law Assignment

...the written word into the actionable form of law i.e. known as breathing life to the law. However, due to the complexities of language and the imperfect nature of legislation, sometimes the intention or purpose of the law may not be conveniently passed in the wordings of the various Acts. This is where the courts derive their power; ensuring that the intention of Parliament is carried into the law. The power of the court to interpret statutes i.e. statutory interpretation has generated controversy for as long as Parliament has been in existence. This is because of the subjective nature of interpretation which relies heavily on the beliefs and understanding of the...
6 Pages(1500 words)Essay

Case Study on Statutory Interpretation

...in particular cases; they then asses the arguments and credibility of the evidences and parties which guide them towards making a ruling on the case at hand. The judgements made by judges are based on a judge or panel of judges’ personal interpretation and interpretation of the law that relate to a particular case.2 However, to avoid subjectivity and erred judgements, judges are guided by principles and rules which they use to interpret statutes. Statutory interpretation is the process through which legislation is rendered and enforced; that is, courts interpret and apply legislation to specific cases...
8 Pages(2000 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

Modern Statutory Interpretation

...of enacted law, but "statute" is always referred to as a single law. At most times, the words of a statute have plain and direct meaning but ambiguity and vagueness are resolved by the judge of which he may use various tools and methods of "statutory interpretation" which may include traditional canons, legislative history as well as purpose. In the United Kingdom, there is a general presumption that legislation takes precedence in so far as there is any inconsistency or where legislation and case law are in conflict. This principle is called Parliamentary Sovereignty. The general notion is that a statute will be interpreted as consistent with all the content of the act so that the sui...
6 Pages(1500 words)Essay

Give an account of the main rules of statutory interpretation and illustrate their operation by reference to decide cases. do these rules provide a helpful guid

...of literal interpretations. The mischief rule – It defines the issue the Act was meant to resolve and decides on the interpretation which best suites the issue. Law Commission reports and Hansard – the journal of debates in Parliament – can also be consulted to decide the problem before the Act. Smith v Hughes (1871) LR 6 QB 597 is an example of the mischief rule (UK Law Online). The literal approach is the default position that honours Parliamentary Sovereignty. It demands that judges enforce law and not make it. The purposive approach, based on the golden rule, is preferred in Europe and the ECJ while the literal approach of statutory...
4 Pages(1000 words)Essay

Precedent- Statutory Interpretation

...at this level make no new precedents. In the ideal world, judges are supposed to try cases by implementing laws crafted by legislators. However, real-life cases are not that clear-cut. In different situations, provisions of laws may be vague, and may not be applicable, or simply subject to different interpretation. Hence, there must be ways by which this could be resolved. For vague provisions, the rules of statutory interpretation, which would be discussed below, come into play. Binding precedent plays an important role in the English system by simplifying the work of judges, handling similar cases in the future. Who would want to go through all the trouble of applying...
8 Pages(2000 words)Essay

Statutory interpretation

.... Utilitarian theories of statutory interpretation urge the interpreter to construe the statute to yield the maximum social benefit.” (Eskridge, 1994, p. 4)       However, interpretation of statues and its methods, though those follow certain basic rules, application of these methods vary accordingly in different situations or according to the constitution of different legislative, administrative and judicial functions in different nations. Pondering over the system of governance of both USA and United Kingdom it becomes clear that how interpretation of a statute differs according to constitutional construction. The United Kingdom system...
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 Rules of Statutory Interpretation for FREE!

Contact Us