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Business Law: Courts in England and Wales - Essay Example

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This paper talks about courts of law which are charged with the duty of interpreting statutes enacted by parliament. Statutory Interpretation involves the reading and application of the provisions of Acts of Parliament by judges who try to establish the intention of the lawmakers…
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Business Law: Courts in England and Wales
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Download file to see previous pages This essay stresses that the golden rule enables the court to explore the literal interpretation of a word or phrase in an Act, but give the literal world(s) some meaning as a way of avoiding an absurdity. UK’s courts normally apply the narrow approach and wide approach to achieve the golden rule. The court denied an individual who was guilty of murdering his mother the opportunity to benefit from her riches on the basis that under the literal rule he would have legally been entitled to the proceeds as the result of his crime. The purposive approach explores the reason behind the enactment of a piece of legislation.
This paper makes a conclusion that .judicial Precedent is primarily based on the need for uniformity of the decisions on similar as a way of guaranteeing fairness and justice to the defendants and claimants. By faithfully following judicial precedents, judges normally find it a lot easier to interpret laws. Statutory interpretations require the application of different principal rules so as to bring about the primary intention of parliament in enacting laws and or bridge the gap that exists in current laws. These criteria are the application of the: legal and language assumptions; the literal rule; the golden rule; the mischief rule; the purposive rule; and following judicial precedents. With these rules high on the agenda of judges confronted with a challenging statutory issue, finding a fair, just and reasonable judgment becomes easier. ...Download file to see next pagesRead More
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