Dec 07, · Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. Don't use plagiarized sources. Get Your Custom Essay on Statutory Interpretation EssayEstimated Reading Time: 12 mins The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell (9) BLCR (C) is true. The interpretative approach adopted by South African courts pre Statutory interpretation pre lacked a single theoretical starting blogger.comted Reading Time: 11 mins Jun 08, · Before outlining the approaches of statutory interpretation, an individual must understand the exact meaning of statutory interpretation. Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute. Alexis W gives her own definition of this by stating that “Statutory interpretation refers to the process by which a 5/5(3)
Statutory Interpretation Essay Essay Example
We use cookies to give you the best experience possible. Words:Paragraphs: 21, Pages: 7. Paper type: EssaySubject: Common Law. Below are the introduction, body and conclusion parts of this essay. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation, they are few key elements and definition that must be referred to these concepts.
Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament statutory interpretation essay a situation or a court case. Don't use plagiarized sources. These are rules used by the courts to interpret the meaning of an Act.
I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has. The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view.
As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statutory interpretation essay, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction, statutory interpretation essay.
Legal interpretation may be based on a literal reading of a document. For example, when john doe signs a will that names his wife, Jane Doe, as his Personal Representative, his intent to name her the administrator of his estate can be determined solely from the specific language used in the will. There is no need to consider the surrounding facts and circumstances that went into his choice. When the intended meaning of the words in a document is not clearly expressed and some statutory interpretation essay of guessing is needed to determine the sense in which they have been used, mixed interpretations can happen.
How a lawyer or judge ascertains intent when words are unclear is typically governed by rules of statutory interpretation. The statutes or acts of Parliament may part take of the general uncertainty inherent in the language. Some legislation is not easily interpreted nor understands because of the language construct it has been written in. Language itself is ambiguous.
Enacted Laws, especially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation, statutory interpretation essay. But the experience of all those, who have to bear and share the task of application of the law, has been different.
It is quite often that we find courts and lawyers busy in unfolding the meaning of ambiguous words, expressions and resolving inconsistencies. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. It is impossible even for the most imaginative legislature to forestall exhaustively situations and circumstances that may emerge after enacting a statute where its application may be called for, statutory interpretation essay.
The function of the courts is only to expound and not to legislate. The numerous rules of interpretation formulated by courts are expressed differently by different judges and support may be found in these formulations for apparently contradictory propositions.
Language is not a precise tool. Reason being, words often take their meaning from the given context, words are an imperfect means of communication, words very often have more than one meaning i. they can be ambiguous, a broad term may be used in a statute which can give rise to confusion and uncertainty, statutory interpretation essay, there may be errors or omissions when the statute is drafted and last but not least new developments in society can make the words used in a statute out of date and they may no longer cover the current situation.
In order for consistency in interpreting the meaning of legislation, statutory interpretation essay use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation. Different rules of interpretation may be applied and depend upon the nature of the ambiguity and the content in which it arises. The literal rule allows that the words and phrases in a statute should be given their ordinary and literal meaning and once the ordinary meaning is clear the court is obligated to apply it even if to do so would result in injustice.
Judges may use the extrinsic aid of a dictionary to give words their ordinary meaning. Although there has been a general move away the literal approach in recent years, statutory interpretation essay, some judges prefer to start with this method and apply the ordinary meaning of the word wherever possible.
A useful illustration of the literal rule in practice is provided by Baptiste —v- Alleyne The legislation under scrutiny in this case was the statutory interpretation essay Larceny Ordinance Act. The defendant was found outside a house with his hand through a window choking a female occupant.
As such Statutory interpretation essay. Therefore in this case the appeal was allowed, hence the conviction was quashed. The second rule of statutory interpretation is the golden rule. This rule provide that if the literal and ordinary meaning of the words of the statute give rise to ambiguity, repugnancy, inconsistency or absurd results which Parliament could not have intended, then the judge may substitute a reasonable meaning in light of the statute as a whole.
An example of how the golden rule was used to regulate the absurdity and repugnant result that would emanate from the literal rule being used is in the civil case of R v Sigsworth Facts revealed that a son had murdered his Mother. As such, the mother had not made a will but, as per rules in Administration of Justice Acther next of kin her son-also her murderer would inherit her respective possessions.
No ambiguity in the wording of the Act, but the court refused to let a murderer benefit from his crime. The third rule of statutory interpretation is the mischief or purposive rule. The statutory interpretation essay and golden rule determines what Parliament said.
The Mischief Rule is applied to what Parliament meant. What was the common law before the statute was passed. What remedy Parliament was trying to provide. The mischief rule may be applied to ascertain the purpose for which the legislation was enacted, by going beyond the actual statutory interpretation essay used in the legislation.
Courts are in a most difficult position in this regard as they do not pass the legislation which they statutory interpretation essay required to interpret and the court will strive for a sensible meaning to the statute where at all possible.
An example how the mischief rule is apply in statutory interpretation is in the case of Smith v Hughes Prostitutes charged with soliciting on the streets contrary to the Street Offences Act Defence made that they were inside a building and tapping on a window to attract men thus not on the street.
Despite such, the Court applied the Mischief Rule and found them guilty because the SOA Act was designed to prevent prostitution.
These are assumptions judges make, however, they must be examined within the context of respective cases. Judges operate on the basis of these presumptions to ensure accurate interpretation of law. Judicial discretion is inherent in statutory interpretation. The legislature cannot craft statutes to govern every in action. Moreover, when a statute is enacted, the legislature knows that its chosen language may bear more than one interpretation, entrusting the judiciary with discretion to identify the correct meaning of that inevitably ambiguous language.
For these and other reasons, judges must exercise discretion when interpreting statutes. The judges interpret the law, and they do this within the cultural context of respective societies, statutory interpretation essay.
If for example, statutory interpretation essay, a strict or literal interpretation of an act may create civil disturbance. And the mischief rule as well as the golden rule give judges this discretion, statutory interpretation essay.
About the author. This paper is written by Sebastian He is a student at the University of Pennsylvania, Philadelphia, PA; his major is Business. All the content of this paper is his perspective on Statutory Interpretation Essay and should be used only as a possible source of ideas.
Statutory Interpretation Essay. com, Dec 07, Accessed August 1, comDec Leave your email and we will send you an example after 24 hours 23 : 59 : Our customer support team is available Monday-Friday 9am-5pm EST. If you contact us after hours, we'll get back to you in 24 hours or less. Hi there, would you like to get statutory interpretation essay a paper? How about receiving a customized one? Statutory Interpretation Essay Paper Words:Paragraphs: 21, statutory interpretation essay, Pages: 7 Paper type: EssaySubject: Common Law.
About statutory interpretation essay author This paper is written by Sebastian He is a student at the University of Pennsylvania, statutory interpretation essay, Philadelphia, PA; his major is Business, statutory interpretation essay.
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Mar 07, · Statutory interpretation is a method used by courts to interpret and apply legislation. It is necessary for legislations to have rules as in some cases, words have more than one meaning. These rules help define these meanings and assist courts interpreting alleged The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation. The secondary aim of this essay is to examine the quote that “they are rather crude labels for describing a complex mechanism, i.e. making sense of what someone else has written. The labels are still in common use, but they are dangerous. For a start, they use the word ‘rule’, and this The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell (9) BLCR (C) is true. The interpretative approach adopted by South African courts pre Statutory interpretation pre lacked a single theoretical starting blogger.comted Reading Time: 11 mins
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