.

Sunday, June 16, 2019

Statutory Interpretation Within The Courts Of England & Wales Essay - 1

Statutory Interpretation Within The Courts Of England & Wales - Essay ExampleIn this essay, the primary purpose is to identify the standard powers available to the courts in England and wales in draw with statutory interpretation. Moreover, the essay will explore how the canon of judicial precedent employs statutory interpretation.Users of the law such as students, practitioners, academics are in many measure faced with difficulty to interpret drafted laws. Factors that lead to the need for the interpretation have already been highlighted and shall be divided into two i.e. due to insufficiency or slightness and broadness or the legislation being general. To clarify such matters, the court has the power to give guidance and interpret such law by administering referee to the people. Therefore, in this regard, there are three basic rules Canons that are at the disposal of the court to determine the targets and the meaning of a statute (Edlin, 2007). Further concord to Keenan and Ri ches in their book Business Law, judges must follow the laid out guidelines that are categorized according to their origin i.e. either statutory rules or vulgar law rules. For example, under the statutory rules interpretation sections are found in the Modern acts (interpretation Act 1978 and internal/intrinsic aids). On the other(a) hand, common law rules guides the judge on how to interpret (Literal rule, Golden rule, and mischief rule) ( Keenan & Riches, 2011).This is the first rule of statutory interpretation where the court is expected to assess the common and basic understanding and meaning of a provision. This rule is aimed at maintaining the original intent of parliament. Hence, in case ambiguity is present the natural and original vocabulary meaning is applied. Consequently the literal rule is greatly recognized because it respects parliamentary independence. However, this also means that judges are not at conversancy in regards to statutory interpretation. More so, the literal rule does not go without its flaws for example the use of dictionary

No comments:

Post a Comment