Essay on statutory interpretation

This is illustrated in the case of Whitely v Chappell [] 4 QB where it was held that the defendant was not guilty since a dead person is not, in the literal meaning of the word, "entitled to vote". The Ejusdem Generis Rule is one application of this general rule. Courts must abide by this rule even if the outcome may seem unreasonable.

Essay: Introduction to statutory interpretation

In such cases the court's task is to decide the exact meaning of a particular word or phrase. To apply this rule to the Act in hand, Child Safety Actthe purpose or intention of parliament shall need to be enlightened first.

However, it can be argued that the defendant "willfully and indecently exposing his person in a street" and that he was caught doing that. The Parliamentary Counsel who drafts the original Bill may have made an error, which has not been noticed by Parliament.

Rules of Statutory Interpretation Essay

When in court it is usually the judge that will apply and interpret the legislation given to them, thus making their decision based on what is seen as the most likely meaning of an original statute when it was processed. The approach taken by judges to interpret statutory provisions is one that requires a lot of thought.

This is like the literal rule although if the court come across an interpretation that leads to absurdity, they can avoid it by using the golden rule.

Statutory Interpretation Essay

The words of a statute may sometimes have a straightforward meaning but it is important to understand that this is not always the situation. As she failed to provide appropriate evidence that her dog was of a pit bull terrier type, the Crown Court concluded that Miss Brock would not be prohibited from having the dog in her possession.

An example of the narrow approach of the golden rule is in the R v Allen case. The concept of noscitur a sociis, meaning, something is known by its associates, comes into play in examining the interpretation provision of this act, as ejusdem generis protects the legislation from being misinterpreted.

This can end up in judges giving their own opinions on what the outcome should be and this is not what their role entails. This means that in English Law the interpretation of a statute may differ according to which judge is hearing the case.

Essay: Introduction to statutory interpretation

The mischief rule is the oldest of the rules and should only be applied when there is ambiguity in the statute. Ii The general word words or phrase supplement the enumeration, and; v There is no clear intent that the general term has a broader meaning than the rule would ordinarily suggest.

Once identified it would be possible for courts to read the statute in the light of the mischief. Also, the literal rule is hard to apply in some cases. The courts here would take into account the report published by the Institute of Casualty Consultants and their findings.

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However, if an employee has been working for an employer for less than 13 weeks and has no contractual obligation to give notice, then the employee is not obliged to give notice. The rule here is that where general words follow particular words, the general words are to be restricted to things of the same kind as those, which are specified.

Therefore, they are less likely to make a mistake and give the wrong sentence to a defendant. This case is only one example of how words in statutes pose a daily challenge to judges in UK courts. Tripe said that he had learned about alpacas on a recent trip to south America and had noted that they would require little daily attention.

There are two views showing how far this rule should be taken. However, once an interpretation has been laid down it may then form a precedent for future cases under the normal rules of judicial precedent.

Tripe should not be prosecuted under the terms of the Protection of Farm Animals Act This conflict between the literal approach and purposive approach is one of the major issues in statutory interpretation.

This soft fleece, the fur of the animals, allow Mr. One of the other instances is the case of Junita, who fell asleep whilst on a park bench and the fish and chips wrapper she was holding in her hands had fallen on the floor, leading to her being arrested, convicted and appealing the decision as she could have maintained that she was unaware that she had been littering and this led to her unintentionally dropping her rubbish.

This example can be seen in the case of Brock v DPP where there was a discussion over the word "type," and what exactly was meant by this expression. Although when any decision is made it is vital that Ratio decidendi is applied, this means that any points made in the case must be stated in order for the verdict to hold relevance.

To conclude, strictly speaking, Mr. However, their approach can only do as much as provide a frame from which they can work. Many questions arise therefore - should the judges refuse to follow the clear words of Parliament, how do they know what parliament's intentions were.

However, it all depends on the literal extent to which the statute is interpreted. Although it does not have "poorly constructed" wheels, it is still a toy, which can cause harm to children and therefore the shop was rightly prosecuted.

Essay: Statutory Interpretation

The litter act states that: It would be helpful if there was one specific method of statutory interpretation that was always used in cases. This case is the perfect example of when the literal rule has been applied in UK courts and how the judiciary have perfectly carried out Parliaments intentions which is a great advantage to the literal rule.

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.

Statutory Interpretation Essay Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. Free coursework on Statutory Interpretation from thesanfranista.com, the UK essays company for essay, dissertation and coursework writing.

Free coursework on Statutory Interpretation from thesanfranista.com, the UK essays company for essay, dissertation and coursework writing. 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. 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.

Essay on statutory interpretation
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