ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c - Essay Example

A statute has been defined in previous editions of this work simply as the will of the legislature", the will of the legislature must be expressed either by the agreement of its three parts (Queen, lords and commons)or by the agreement of the queen and commons in accordance with the parliament Acts 1911 and 1949.Granted that a document which is presented to it as a statute is an authentic expression of the legislature will, the function of a court is to interpret that document "according to the intent of them that made it.

" From that function the court may not resile .however ambiguous Difficult for application the words of an act of parliament may be, the court is bound to endeavour to place some meaning upon them. In so doing it gives effect, as the judges have repeatedly declared to the intention of parliament, but, it may only elicit that intention from he actual words of the statute In this rule its assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, otherwise in their ordinary meaning ,and the second is that the phrases and sentences are to be construed according to the rules of grammar.

Blythes v .Blythes- A reference in the matrimonial causes Act 1950 to the court being satisfied was meant to mean precisely what it said, and to require the courts to be satisfied beyond a reasonable doubt.And in Northing ham Finance V.Ashley,the court of appeal held that the words covered of which the hirer was in possession under an existing hire- purchase agreement and which were exchanged in part payment for the goods under the new agreement .it would be too narrow a construction to restrict it to goods actually owned by the hirer.

The Mischief Rule.In heydons case in 1954, it was resolved by the Barons of the exchequer, that for sure and true interpretation of all statute in general (be they penal or beneficial, restrictive and considered.Firstly, what was common law before the making of the act.Secondly, what was the mischief and defect for which the common law did not provide.Thirdly, what remedy that parliament hath resolved and appointed to cure the disease of the commonwealth. Fourthly, The true reason of the remedy, and then the office of all judges is always to