In this chapter you will learn about: The difficulties of interpreting statutes The various rules and approaches available to assist interpretation of statutes Presumptions that may be used to interpret statutes Rules of language Intrinsic and extrinsic aids of interpretation Significance of handsard 5. Hence a large number of cases heard by the courts involve the meaning of words in a statute or DL.
In this chapter you will learn about: The difficulties of interpreting statutes The various rules and approaches available to assist interpretation of statutes Presumptions that may be used to interpret statutes Rules of language Intrinsic and extrinsic aids of interpretation Significance of handsard 5.
Hence a large number of cases heard by the courts involve the meaning of words in a statute or DL. Although Parliament makes law, the courts have to apply it. Where the meaning of a statute is uncertainthe court has to determine what Parliament intended and give effect to it.
A broad term may have been used which is not clear. It could cover dogs which were not pedigree pit bull terriers, but had a substantial number of the characteristics of such a dog. There may have been a drafting error or omission. New developments can lead to words not covering present-day situationsIn Royal College of Nursing v DHSS where medical science and methods had changed since the passing of the Abortion Act Another problem is the adversarial nature of legal proceedings in the UK.
Always at least two parties and each may be putting forward a different meaning for one or more words. Hence it is sometimes difficult to ascertain Parliament's intention.
There are also rules of languagepresumptionsintrinsic and extrinsic aids to help judges in their interpretation of statutes.
Increasingly used in the 19th and the earlier part of the 20th century as Parliament became sovereign. Whiteley v Chappell - the relevant statute made it an offence to impersonate a person entitled to vote. The defendant who impersonated a dead person was found not guilty as a dead person was clearly not entitled to vote.
Advantages - encourages precision in draftingrespects parliamentary sovereignty and encourages certainty in the law Disadvantages - the 'rule' provided no clear meaning of an 'absurd result'.
Show some drift of the power from Parliamentary control to judicial discretion. What was the common law before the making of the Act? What was the defect in the common law? For what mischief did it not provide?
What remedy had Parliament decided on to cure the defect and the true reason for the remedy? The judge should then interpret the statute in such a way as to advance the remedy and to suppress the mischief. Smith v Hughes - Section 1 1 of the Streets Offences Act made it a criminal offence for a prostitute to solicit potential customers in a street or public place.
Here althoughthe women were not in the street but in a house trying to attract the attention of men walking bythe judge decided that the aim of the Act was to enable people to walk along the street without being solicited and hence they were guilty.
Advantages - Helps avoid absurdity and injustice. Allows the judge to find the 'mischief' that Parliament was concerned to remedy by passing the legislation. Allows judges to interpret statutes in the light of changing socialeconomic and technological circumstances.
Disadvantages - May increase judicial power at the expense of legislative power. Must always look at the common law background. Magor and St Mellons v Newport Corporation - Lord Denning - '… We do not sit here to pull the language out of Parliament to pieces and to make nonsense of it … we sit here to find out the intention of Parliament and to carry it out and we do it best by filling in the gaps.What is statutory interpretation?
The three principal rules of statutory interpretation, relevant case law of the literal golden and mischief rules, defects of applying the literal rule, utilising the narrow and wide approach, the judges discretion is supreme.
CH 1 English Legal System - Download as Word Doc .doc), PDF File .pdf), Text File .txt) or read online. Impact on Statutory Interpretation Any existing legislation must be interpreted in a way which is compatible with convention rights.
|Facebook Badge (Add Me)||Download PDF version of guide for print I. Introduction This research guide is an introduction to the basic legal materials of modern English law see English Legal History for historical research.|
|EnglishLegalSystem: Chapter 5 Statutory Interpretation||There may be difficulty in interpreting the exact meaning of words in particular context that the Parliament has drafted because:|
Related Interests. This research guide is an introduction to the basic legal materials of modern English law Guide to the Nature, Process, Effect and Interpretation of Legislation, 9th ed. (KDC73 ) is a standard text on English statutes and statutory interpretation.
Fiona Cownie, et al., English Legal System in Context, 5th ed. (KDC69 ). The English Legal System; Criminal Law; Search for: The Golden Rule.
The golden rule aims to adapt the meaning of the words in the Act, in order to not reach an absurd decision. The golden rule is a modification of the literal rule; the court will always start off with the literal approach, however, if this fails to make sense, the golden rule.
The English Legal System; The mischief rule was developed in holding that the activities of the defendants were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private place.
The mischief rule is similar to the purposive approach. English Legal System - Law Express - Emily Finch. For Later. save. Related. Info. Embed. Share. Print. Search. ENGLISH LEGAL SYSTEM and apply key legislation, and make your answers Legislation is the primary source of English law.
Statutory interpretation Could you answer this question? 5/5(5).