Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Statutory interpretation - Essay Example

Comments (0) Cite this document
      Generally constitution of a democracy divides its functional body into three separate categories, namely, legislative, administrative and judiciary. Commonly, legislative body comprises of the politicians, who voice demands of the common people and come with statutes…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.4% of users find it useful
Statutory interpretation
Read TextPreview

Extract of sample "Statutory interpretation"

Download file to see previous pages nction of the judiciary is to justify whether a statute contains any such provisions that is violating or can possibly violate the fundamental rights of a common person as it has been enshrined by the constitution of that nation. If judiciary feels that any such provision is present in the statute then it sends it back for required rectification or it may cancel such statute. Additionally, it is the onus of judiciary to see what actually a statute tries to convey and to which extent scope of the statute is expansive so that it can be applied in interpreting the scope of law, while coming up with any judicial decision making process. Due to such capacity of judiciary, in the context of interpreting a statute, statutory interpretation is also referred as “judicial interpretation.” (Maxwell, 1991, p. 1) “Statute law is the will of the Legislature; and the object of all judicial interpretation of it is to determine what intention is either expressly or by implication conveyed by language used, so far as it is necessary for the purpose of determining whether a particular case or state of facts which is presented to the interpreter falls within it. When the intention is expressed, the task is one simply of verbal construction; but when, as occasionally happens, the statute expresses no intention on a question to which it gives rise, and on which some intention must necessarily be imputed to the Legislature, the interpreter has to determine it by inference grounded on legal principles.” (Maxwell, 1991, p. 1)
      Looking at the history of statutory interpretation we find that since the 6th century onwards in the context determining and interpreting application of the law in the society, with the purpose of solving different disputes, the method of statutory interpretation was considered as the most effective way. Roman legal system of the late medieval that has influenced modern system of legal jurisprudence to a great extent also depended over the process ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Statutory interpretation Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from
(Statutory Interpretation Essay Example | Topics and Well Written Essays - 1250 Words)
“Statutory Interpretation Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Statutory interpretation

The Methods of Statutory Interpretation Available to the Judiciary

...on Human Rights.3 The judiciary devised a system of rules used for resolving the tensions that arise in interpreting and applying statutes to avoid inconsistencies in law and in the application of a particular statute. The primary rules are the mischief rule, the literary and the golden rule. The judiciary also uses what is referred to as the purposive approach and typically enter the statutory interpretation process based on a set of presumptions.4 This research study analyses how the judiciary uses these rules, presumptions and the purposive approach for maintain consistency in the application of statutes. Presumptions The judiciary applies presumptions to guide them in the...
12 Pages(3000 words)Essay

Statutory Interpretation Business Law Assignment

... commission reports, White Papers, Legal Textbooks and Treaties. This approach is much favoured since it respects Parliament’s power to make law and have that law applied in the manner it was intended. Scholars such as Sir Rupert Cross have suggested a new approach to statutory interpretation which is being referred to as the Contextual/Unified or Integral Approach. This approach looks at the context in which the Act exists. To establish content, the judge must first give effect to the ordinary and in some cases, technical meaning of the wording of the Act. Next, they should consider whether such a construction would yield an absurd result and whether a secondary meaning would rectify such a result. Lastly, they should use interpretive aids...
6 Pages(1500 words)Essay

Case Study on Statutory Interpretation

... to resolve vagueness and ambiguity that appear in statutes. It is imperative to note that different principles and rules of statutory interpretation may be applied. The application of these principles and rules depend on the nature of the ambiguity and the context in which ambiguity and vagueness arises.5 Statutes are drafted by legal experts and it is the language used in the statutes leave little room for interpretation. However, experience by legal practitioners and scholars have shown that expressions and words in statutes are in some cases ambiguous hence the need to resolve the inconsistencies. They argue sometimes interpretation of legislation may differ from its construction.6 Interpretation is the process of finding out the true...
8 Pages(2000 words)Essay

Rules of Statutory Interpretation

...through which the courts apply and interpret legislations. 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...
9 Pages(2250 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 money. Alec took...
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 dishonesty According, to the definition...
5 Pages(1250 words)Case Study

Overriding Supreme Court Decisions Statutory Interpretation & Reaction Legislation

...Conflict Between the Legislative and Judicial Branches: Congressional Override and the Supreme Court The Supreme Court, as the highest law in the land in the U.S., reigns sovereign. But what happens when that sovereignty is challenged head-on When Congress passes reaction legislation, directed at specific Supreme Court decisions, who has the final say then Here, it shall be examined: what Congressional overrides are; what Supreme Court statutory interpretation (Congressional intent) is; and the power play between the legislative and judicial branches. First, what are the powers of the Congress "The U.S. Constitution (Article I, Section 8, Clause 18) grants to Congress the power to enact laws to carry out the 'enumerated powers...
10 Pages(2500 words)Essay

Modern Statutory Interpretation overview of the current available data about "statutory interpretation." And then, on the latter part, I will try to present court cases involving statutory interpretation and which interpretation prevailed. The discussion will give me a side that shall be weighed heavily on the conclusive part. The contents of this Essay will include: - Introduction or an overview of the topic; - Body/Main Part which will consist of the discussion; - Main arguments which will include the most basic side of my discussion; - Supporting arguments which will give additional credence to my point; and - Conclusion, which will sum up what I have perceived as the most...
6 Pages(1500 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 interpretation, legislative history, and purpose are used by the judge to find meanings of statutes. The four rules used for interpretation are the literal rule...
2 Pages(500 words)Essay

The Statutory Interpretation as a Tool for the Formulation of the Courts Judgment

...d every year’ (Geldart, 1995, 2). However, the Common Law still remains the basic ‘tool’ for the formulation of the judicial view. In this context, it is stated that ‘no statute, yet prescribes in general terms that a man must pay his debts or perform his contracts or pay damages for trespass or libel or slander’. Under all circumstances, ‘the statutes assume the existence of the Common Law and they would have no meaning except by reference to the Common Law’ (Geldart, 1995, 2) A first step towards the complete presentation of the methods of statutory interpretation is the definition of ‘interpretation’ as it appears and operates in the legal area. In this context the following definition could be applied: ‘interpretation is the activity...
8 Pages(2000 words)Assignment

Statutory Interpretation statutory interpretation may focus upon the kinds of arguments that are likely to succeed in a court of law, approaches from the non legal side include philosophical language and constitutional theory since a different objective is sought to be attained.4 As Bell points out, the legal approach will take into consideration the role of the Judge as an interpreter of the constitution and some presuppositions about how words derive their meaning. Bennion identifies several factors that can create difficulties in interpretation of statutes, such as for example, the use of ambiguous words or unforeseen developments or in some cases where a drafting error may cause literal...
6 Pages(1500 words)Assignment

Dietrich Bonhoeffer's Interpretation of Scripture

...Discuss how Dietrich Bonhoeffers interpretation of scripture influenced his views and actions surrounding the issue of social justice. Dietrich Bonhoeffer is a German theologian famous for his opposition and resistance to Adolf Hitler and Nazism. In the late twentieth century, Bonhoeffer’s life and work, which are fundamentally intertwined in regard to his theology, became a standard by which Christian social responsibility was measured.1 Indeed, few of twentieth century theologians have been influential in enabling us to see the connections between faith and politics, spirituality and justice, and the renewal of the church within the life of the world. Subsequent generations of Christians have considered Bonhoeffer a model of Christian...
7 Pages(1750 words)Research Paper

Contentious Issue of Interpretation of Trust

...Trust law Introduction: This paper seeks to consider the contentious issue of interpretation of Trust, Tort and criminal regulations laying emphasis on decided case laws, in order to help comprehend why, in certain cases, the illegality doctrine are enforced, whereas not carried out in other case settings. It is first necessary to consider the Tinsley v. Milligan case. Tinsley v.Milligan case [1994] 1 AC 340 House of Lords. [1994] 1 AC 340, [1993] 3 All ER 65, [1993] 3 WLR 126, [1994] 2 FCR 65, [1993] 2 FLR 963 The facts of this case was that two women, Stella Tinsley and Kathleen Milligan were lovers. Both of them jointly purchased a house, but its legal title vested upon Stella Tinsley alone (in order to perpetrate Department...
9 Pages(2250 words)Case Study

The Power of Constitutional Interpretation

...Constitutional Interpretation Introduction: The power of constitutional interpretation and the provision of judicial review are important instruments in the hands of modern judiciary and these are used quite effectively in case of solving various issues that are associated mainly with fundamental rights of common people as enshrined under constitution of a particular nation or to broaden or to restrict the horizon of legal interpretation that permits or restrains common people or governmental institutions from being indulged into any such activities that could alter the basic structure of the constitution. In this context, it automatically becomes important to receive a general idea regarding what a constitution is and its importance...
9 Pages(2250 words)Research Paper

Historical Fiction: Interpretation of Myth of Prometheus in Regard to Leadership Theory

...This paper presents a modern view on myth about Prometheus. An interest to this myth and its interpretation in the paradigm of consideration of leadership qualities of Prometheus can be explained by a current relevance of leadership in management and business. Myth’s interpretation is presented with regard to modern times. The action happens in New York City. The interpretation figuratively presents Prometheus humanistic attitude to people by his desire to become a wise leader and a friendly mentor. In Greek myth Prometheus gave fire to men and went against Gods. In this interpretation Prometheus fights against bureaucracy and protects human rights for freedom of creativity. Myth of Prometheus: a brief description A legendary myth about...
7 Pages(1750 words)Essay

Ethical, Gender Implications of Considering Travel Writing as a Form of Cultural Interpretation

... Can travel writing bridge the cultural divide between those who represent and those represented? Discuss with reference to the ethical, gender, and genre implications of considering travel writing as a form of cultural interpretation. Table of Contents 1. Introduction 2. Ethical implications of considering travel writing as a form of cultural interpretation 3. Gender implications of considering travel writing as a form of cultural interpretation 4. Genre implications of considering travel writing as a form of cultural interpretation 5. Conclusions 6. References Can travel writing bridge the cultural divide between those who represent and those represented? 1. Introduction Travel writing is a genre that has been around from times...
7 Pages(1750 words)Coursework

Interpretation of Financial Statements: Next Plc and Ted Baker Plc

...Interpretation of Financial ments Table of Contents Interpretation of Financial ments Table of Contents 2 Introduction 3 Financial analysis of Next Plc (NXT) & Ted Baker Plc (TED) 5 Recommendation 9 Reference 10 Bibliography 12 Introduction The financial statements of a company provide important financial information about the business operations. With the help of this information one can compute financial ratios relating to liquidity, profitability, gearing and efficiency that help in assessing the financial performance of the company.   Next Plc   Ted Baker Plc   2010 (£m) 2009(£m)   2010 (£’000) 2009 (£’000) PROFITABILITY  (£m)       Gross Profit 996.9 908.5   99927 89366 Revenue 3,406.50 3,271.50... of...
8 Pages(2000 words)Case Study

The Parallels between Ethan Frome and Snow White, Frome's Story Interpretation like a Fairy Tale due to His Archetypes of the Witch, the Silvery Maiden, and Honest Woodcutter

...Annotated Bibliography: Ethan Frome Ammons, Elizabeth. “Elizabeth Ammons on Ethan Frome as a Fairy Tale.” Bloom's Major Novelists: Edith Wharton (2002): 48-50.Web. 29 Nov. 2011. Literary Reference Center. Ammons argues that Ethan Frome can be interpreted as a fairy tale, because the novel depicts the archetypes of “the witch, the silvery maiden, the honest woodcutter” (48). She compares Ethan Frome to Snow White by describing the novel's characters with respect to the characters of Snow White. Zeena is the witch, Mattie is the silvery maiden, while Ethan is the honest woodcutter. Ammons uses physical and personality descriptions to assert the parallels between Ethan Frome and Snow White. Ammons adds that the use of ellipsis in the novel...
3 Pages(750 words)Annotated Bibliography

Heritage interpretation as part of the tourism experience: Evaluate the different interactive approaches through which heritage was interpreted at each of the sites visited

...Heritage interpretation as part of the tourism experience Introduction Tourism as an industry continues to grow evidently from experiences and developmental aspects of the changes in the society. Evolution of society leaves a mark of history whose collection creates an experience worth spending both time and financial resources for any person to visit and get an experience. Consequently, the collectors of historical artefacts and lovers of the same continue to establish sites for gathering and presenting these historical artefacts and developments to create remarkably rewarding experiences for the visitors. Thus, evaluating such sites with historical content, entertainment, and learning and leisure activities creates an intense...
10 Pages(2500 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 Statutory interpretation for FREE!

Contact Us