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Statutory interpretation - Essay Example

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      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…
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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
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