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Legal Studies - Term Paper Example

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Even though it was agreed that unsuitable person would be on the list of Register for some period of time. The argument of uncertainty if…
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Legal Studies

Download file to see previous pages... The act was construed to have said that removal even for a specified period of time was removal and not suspension. The difference in terminology was construed so as to differentiate between suspension and removal as the latter would mean remove and so automatic removal was not possible. This sort of interpretation has been said to be purposive as it looks at the overall effect and tends use aids to interpretation that is dictionaries and other materials so as to differentiate between the meanings of words. (Wesley 1998)
The third consideration was avoidance of circularity. The courts stated that the refusal of automatic restoration by the court would avoid circularity but this is was by an action of the court which did not fit in well as it interfered with what had been intended. This consideration dealt with the literal rule as in discussing the straight forward notion and the golden rule whereby the absurdity in result that would be caused was discussed. (Wacks et al 1989)
The fourth consideration was that of giving meaning and substance to each provision whereby the true meaning was considered and thus went against automatic removal of consideration. In this situation the court took into account both sides of the argument and determined the result in accordance with the golden rule that is to refrain from reaching an absurd result. (Partington 2010)
Finally the consideration of reluctance of the court to find a radical change by way of side-wind was stated. Bokhary PJ looked into the wordings of the statute that is ss.21(1) and 25(3) and the context of two words and their differences were looked into and the courts in confining themselves to the literal approach in this respect rejected the notion that both the wordings were for the same purpose. (Wesley 1998)
2. Bokhary PJ states that these rules complement each other and tends to appreciate the facts that ...Download file to see next pagesRead More
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