Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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decision as to what they felt Parliament meant to achieve. Lord Denning in the Court of Appeal stated in Magor and St. Mellons Rural District Council v Newport Corporation (1950)‚ ‘we sit here to find out the intention of Parliament and of ministers and carry it out‚ and we do this better by filling in the gaps and making sense of the enactment by opening it up to destructive analysis’. This attitude was criticised on appeal by the House of Lords. Lord Simmons called this approach ‘a naked usurpation of
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RULE OF LAW In course of Twentieth century‚ the emergences of democratic legislations and state welfare laws have lowered the effect of natural law and common law. These laws are bit liberal and sometimes puts limitations on the rule of Law in the name of nation’s Interest. This principle of ‘Rule of Law’ has been a matter of discussion and analysis since a long time in the realm of Jurisprudence and Legal theory. But‚ very less interest has been shown towards the exact definition of ‘Rule of Law’
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Using case law illustrations‚ explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule. Statutory interpretation is the process used by courts to interpret and apply legislation‚ although Acts of Parliament are written by expert draftsmen‚ the statute for the case before them may not be clear. Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it
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Contemporaneity rule (The coincidence of actus reus and mens rea) It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea. However‚ the courts often apply a flexible approach in holding that the actus reus is a continuing act. Thabo-Meli v R [1954] 1 WLR 228 Privy Council The four appellants were convicted of murder. They
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Rules of consideration 1. Consideration must not be past: Re McArdle (1951) Ch 669 Court of Appeal Majorie McArdle carried out certain improvements and repairs on a bungalow. The bungalow formed part of the estate of her husband’s father who had died leaving the property to his wife for life and then on trust for Majorie’s husband and his four siblings. After the work had been carried out the brothers and sisters signed a document stating in consideration of you carrying out the repairs we agree
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The “Indoor Management Rule” apparently developed as a means of mitigating the harshness and burdens of the doctrine of constructive notice in relation to outsiders dealing with companies; the doctrine of constructive notice states that persons dealing with a company are deemed to have notice of the contents of its registered documents. The reason for this was stated by‚ Lord Wensleydale in Ernest v Nicholls to be the fact of the public nature of registration: All persons therefore‚ must take notice
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The M’Naghten Rule: 1843 Aspects of the Criminal law in Canada are likely to be traced back several hundred years ago‚ where the legal system was established in England. Criminal law‚ derived from public law‚ includes the subject of criminal defenses‚ and in a narrower sense‚ the theory of not being criminally responsible on account of a mental disorder. The theory behind this defense can be traced back to England in the 1840’s. This era showcased the influential case of Daniel M’Nagthen
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What impact does Reality TV have on its viewers? Cynthia M. Frisby an associate professor of advertising at the University of Missouri School of Journalism‚ Columbia‚ and coeditor of Journalism Across Cultures. Answers the question in “Getting Real with Reality TV” on September 2004 in USA Today magazine. Cynthia M. Frisby validated the appeal of Reality TV to viewers. Television networks are providing more dramatic‚ hilarious‚ and shocking content. Based on what is socially acceptable‚ and entertaining
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[pic] “Consideration and its rules” Assignment# 1 [Law-200] Prepared By: Prepared For: Name: M Shahajada Hossain Barrister Ishtiaque Ahmed (ItA) ID#: 071-573-530 Section: 09 B.B.A Date: 26th October‚ 2011. Consideration: Consideration is a very important element in a contract. While making a contract; parties of the contract agree
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