Dec 07, · Statutory Interpretation Essay Paper. Words: , Paragraphs: 21, Pages: 7. Paper type: Essay, Subject: Interpretation. This essay sample on Statutory Interpretation Essay provides all necessary basic info on this matter, including the most common “for and against” arguments. Below are the introduction, body and conclusion parts of this blogger.comted Reading Time: 11 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 blogger.comted Reading Time: 10 mins Nov 11, · Statutory Interpretation. Just from $13,9/Page. Get custom paper. There will be three main cases that will be discussed in order to gain an insight into how different rules used in law; such as the mischief rule, literal rule and golden rule can affect how certain legislation can be interpreted within various blogger.comted Reading Time: 7 mins
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Unlike the case law, the statutory interpretation essay declare a policy, statutory interpretation essay, prohibit or command something within the area of its jurisprudence. These legislations -referred to as black letter law- guarantee the rule of law in various countries.
Statutes are the most important tool of governance without which a democratic country cannot function to the optimum. Furthermore, they not only provide statutory interpretation essay elaborate legal framework necessary for the routine administration of a country but also lay down elaborate constitutional guidelines for making important decision that affect the country as a whole.
For the purposes of their proper implementations, legitimized enforcements and further applications, the statutes must be accurately interpreted by competent legal experts within the Supreme Courts.
Nevertheless, getting the exact meaning of the various contents of the statutes has posed a lot of challenge due to the following reasons. a The statutes are usually complex due to the use of technical and legal language that could not be readily understood by the ordinary mass. In cases where more than one draftsman are involved in putting legislative statutes into the documentary records for the purposes of future reference, there would be high chances of incoherence under the same section.
These forms of inconsistencies could only be identified and further clarified by legal experts. b In most cases, the statutes are drafted in the present context thus fail to forecast and anticipate the future situations that are brought about by unforeseen changes, new cultures and technological advancements. As such, the statutes significantly fail to offer comprehensive provisions to all situations that would arise in the future.
The judges need to interpret the statutes in bid to address existing gaps in law that were not statutory interpretation essay covered by the statutes. c The statutes are popularly known to contain numerous indeterminate terms and words that bears various meaning.
This phenomenon renders the statutes vague and ambiguous and its intent cannot be clearly statutory interpretation essay. Therefore, different parties will tend to successfully manipulate the meanings of such statutes in their favor while advancing their arguments in the court of law.
d There are higher chances that some parts of the newly enacted statutes can also contradict the existing statutes either partially or entirely on any given matter that overlaps into more than one statute.
These sets of systematic rules and comprehensive approaches ensure that the intents of the statutes are accurately accrued without any constitutional lapse.
The judicial systems place a lot emphasis in this process because it is the only sure constitutional avenue through which the indiscriminative rule of law could be realized.
This section discusses the Statutory interpretation essay, Golden and Mischief rules of the statutory interpretation as well the major aproaches to statutory interpretation. The main approaches of statutory interpretation revolve around the traditions of the civil and common law canons of construction.
The Supreme Court will be tasked with the responsibility of ascertaining the meaning of a particular statutory provision. This usually requires deciphering the meaning of the key terms. The civil and common law judges will usually have a duty to apply a particular legislative enactment strictly, statutory interpretation essay, if the meaning of the statute appears to be clearly defined, statutory interpretation essay.
If only one construction is possible, the next question is whether the court is bound by the words as formulated, or whether there is some basis for changing the literal meaning. This category of the statutory approach is pursued very much more in civil law countries than the common law jurisdictions. Most notably, the common law statutes are not, strictly, supposed to the construed in accordance with their particular legislative history.
Thirdly, statutory interpretation essay, the teleological approach is the last approach to statutory approach that seeks to interpret the legislative text within the context of the contemporary conditions. It presupposes the need to extend the application of a legislative provision beyond the scope of prior legislative intent and to adapt it to rapidly changing social and economic conditions.
Teleological approach is regarded as the only legitimate form of statutory interpretation. However, statutory interpretation essay, this approach of statutory interpretation has a number of challenges in its use. It cannot be used to reach conclusion directly as in the case of logical or grammatical interpretation hence it can only be used where there are numerous possible interpretations on a particular statute. It gained much popularity in the first quarter of the 19 th century.
The literal rule operates on the principle of interpreting statutes based on the contemporary literal plain meaning of the words used therein. The plain ordinary word meaning rule has proven statutory interpretation essay useful in cases where the intent of the Parliament in the process of making the enactments could not be easily determined due to consistencies between the newly legislated Act and the existing enactments within same area of legal domain.
If the words are precise and pointing, then the judges can accrue the meaning of the statute from the ordinary meanings of the words.
The literal rule of interpreting statutes is liable to a lot statutory interpretation essay absurdity on the mere basis that the meanings of the complex statutes are restricted to mere words which are the most imperfect and unreliable symbols of relaying intent of the Parliament or any other legislative authority over a period of time.
In his observation, Tobias Dorsey maintains that Literal rule could not be independently used to help unearth the hidden rightful meaning of legislation but in combination with other approaches. Consider the scenario of R v Harris to illustrate the greatest limitations of the Literal Rule. The legislation categorically stated that it was only an offense to cut, wound or stab any person.
If Harris bit the complainant on the ear lobe then he would be acquitted because he neither used any instrument such as knife nor did any of the acts mentioned in the act wound, cut, or stab but his teeth to bite. Does this statutory interpretation essay the acquitted is not guilty of the offense?
Dorsey laments that the plain meaning rule is highly subjective and gives judges room for laziness. The technique prohibits justice within the judicial systems, statutory interpretation essay.
The Golden Rule operates on the principle that the proper meaning of any legislation can only construed from its ordinary plain words on condition that there is no absurdity, and inconsistency or repugnance with the rest of the Act. However, in the event of any absurdity, the Golden Rule demands that the grammatical and literary meaning of the words could be subjected to a statutory interpretation essay modification so as to eradicate the imminent inconsistency.
In general, the Golden Rule functions in two phases. The literal rule is first applied and should there be any absurdity, the Supreme Court will opt for a different approach with the sole intentions of avoiding the absurdity or ambiguity. Such available mechanism would include modification of the grammatical words to bring out the rightful intent of the legislative authority.
In the long run, the statute is accurately interpreted not only literal meaning of the words used but also on the legislative context under which the enactment was made.
The combination of the two approaches literal rule and the context rule in the golden rule made it less erratic in interpreting statutes compared to the unilateral literal rule.
Under the Golden Rule, statutory interpretation essay, the judges statutory interpretation essay the Supreme Court make much reference to the common law canons of construction in their attempts to interpret various statutes. Before the actual meaning the enactment is reached, the judges will review the historical context upon which the legislative authority passed the bill into a statute.
The Golden Rule remains a perfect model of the legislative history approach. The Statutory interpretation essay Rule is also referred to as the Mischief Policy. In the course of interpreting the statute, the Supreme Court will first of all brings into sharp statutory interpretation essay the nature of the common law that existed before the statute was legislated, any serious lapse loopholes and shortcomings of the common law that hindered it from offering justice, and finally the legislative mechanism that the parliament attempted to provide in bid to offer statutory interpretation essay lasting solution to the mischief loopholes and shortcomings of the preliminary enactments.
The Mischief Policy will compel the presiding judges of the Supreme Court to do a thorough background information search into a particular legislation before its eventual interpretation, statutory interpretation essay. After the court has established the mischief, taken as the main weaknesses, of the previous common law s that prompted the legislative authority to come up with the existing legislations, it could now interpret the legislations with due precision and accuracy.
So far, statutory interpretation essay, the mischief rule is the only outstanding approach that could accurately interpret the legislation with very minimal error. It ensures that various enactments written down in technical terms are accurately simplifies or interpreted for effective enforcement.
The main approaches of statutory interpretation revolve around the traditions of the civil and common law. These highlighted approaches are guided by the literal rule, the golden rule, and the mischief in their quest to interpret legislative statutes. Want to know what your projected final grades might statutory interpretation essay like? Check out our easy to use grade calculator! It can help you solve this question. Statutory Interpretation.
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70 Principles of Statutory Interpretation Everyone Should Know
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Dec 07, · Statutory Interpretation Essay Paper. Words: , Paragraphs: 21, Pages: 7. Paper type: Essay, Subject: Interpretation. This essay sample on Statutory Interpretation Essay provides all necessary basic info on this matter, including the most common “for and against” arguments. Below are the introduction, body and conclusion parts of this 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 court 5/5(3) Aug 24, · STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed, as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty *
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