• Literal / Golden / Mischief Rules
    Literal Rule The literal rule is the primary rule which takes precedence over the others. Words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation should be applied. If, applying this rule, a clear meaning appears, then this...
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  • Statutory Interpretation
    Statutory Interpretation General view- the function of parliament is to create law, but the role of judiciary is to apply the law. Montesquieu theory of separation of powers: the government has 3 different functions – legislative, executive and judicial – and these functions should be kept ap...
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  • Statutory Interpretation
    Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judge’s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpr...
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  • Explain What Is Meant by the Term ‘Statutory Interpretation’ and to What Extent Does This Compliment or Undermine the Role of the Parliament?
    Explain what is meant by the term ‘statutory interpretation’ and to what extent does this compliment or undermine the role of the parliament? Statutory interpretation refers to a process used by the courts when it looks at a piece of statute to interpret what its definition is. A statute is...
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  • Statutory Interpretation
    Statutes – what is a statute? * Statute – An act passed by parliament * Any legislation passed must be within the powers of the parliament. This is determined via the Constitution * High court in the Commonwealth has the role to determine the parliament’s power by the process of j...
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  • Statutory Interpretation
    NOTES Interpretation of Statutes IOS201-6 1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes no...
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  • Statutory Interpretation
    STATUTORY INTERPRETATION “Statutory Interpretation is the procedure for elucidating and then applying the legislation. A little bit of interpretation is always mandatory when a statute becomes related to a case.” THE REASONS WHY COURTS REQUIRE RULES OF INTERPRETATION For a maximum level o...
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  • Statutory Interpretation
    Statutory Interpretation Objectives for the lesson to have a thorough understanding of: • What statutory interpretation is • The literal rule • The golden rule • The mischief rule What is it? As seen in previous week, many statutes are passed by parliament each year. The meaning of th...
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  • Statutory Interpretation
    Statutory Interpretation Part I Where the words of a statute are clear and unambiguous, persons affected by its provisions will regulate their conduct according to the terms of the statute and the need for judicial interpretation will not arise. However, if the meaning or extent of a statute i...
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  • Statutory Interpretation
    STATUTORY INTERPRETATION. In law, acts of parliament issued by the legislatives are not always clear. There are a lot of public demands for the court to clarify or explain certain points of law that are not clear or that are not specific therefore leading to ambiguity and uncertainty. When the leg...
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  • Statutory Interpretation
    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...
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  • Statutory Interpretation
    Why Do We Need Rules For The Interpretation of Statutes? • Words are an imperfect means of communication • 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 • There may be erro...
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  • Develop the Law Through the Operation of Doctrine of Judicial Precedent and Application to the Rules of Statutory Interpretation
    Introduction Statutes and case law are two significant sources of the UK law. In the convention of common law, the law applied to a case is decided through judicial precedent and statutory interpretation. There can be effectiveness of judicial precedent and statutory interpretation in separation...
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  • Statutory Interpretation
    Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31, 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congr...
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  • Statutory Interpretation and Human Rights
    Statutory interpretation and human rights Statutory interpretation and human rights1 Rt. Hon. Lady Justice Arden, DBE2 Introduction I am greatly privileged to be asked to give this address to such a distinguished gathering of legislative counsel from around the world. I have been asked to speak...
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  • How Precedents Are Applied in Court and the Rules of Statutory Interpretation.
    Aims and Outcomes I will describe how precedents are applied in court and explain the rules of statutory interpretation. Firstly I will explain what a precedent is. Precedent “In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court...
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  • Statutory Interpretation
    Law Assignment Statutory Interpretation Anthony Thompson-North Statutory interpretation is the process of interpreting and applying legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words...
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  • The Approach of the Law Lords to Statutory Interpretation Has Been Radically Changed by the Human Rights Act. Judges Now See Themselves as Legislating Human Rights Through Their Interpretation of Acts of Parliament. Assess the Validity.
    The introduction of the Human Rights Act (1998) (HRA) into the English legal system imposed new requirements as to the interpretation of statutes. In particular in situations where conflicts arise between statutes and the HRA, judges are required to interpret legislation in a way which is compatibl...
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  • statutory interpretation paper
    LMRW Assignment #3 STATUTORY INTERPRETATION Abdul has been charged with the breach of section 46(g), 104 (b), and 105 of Chapter 11:02 of Trinidad and Tobago Summary Offences Act, 1979. Section 46 (g): I. Under the first definition the police could not have legally charged Abdul...
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  • Rules of Statutory Interpretation
    UNIVERSITY OF NAIROBI, SCHOOL OF LAW GPR 109: LEGAL SYSTEM AND METHOD LEGAL METHOD TAKE AWAY CAT NKARICHIA MUGAMBI DENNIS G34/3053/2013 Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of...
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