Statutory Interpretation Literal Golden Mischief Purposive Essays and Term Papers

  • 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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  • Introduction to Entrepreneurship

    October 2011 What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation. How do judicial principles of statutory interpretation engage with these interpretive powers. INSTRUCTIONS FOR COMPLETION OF THE ASSIGNMENT: ...

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  • Statutory Interpretation

    law. One attempt was to interpret the statutes in a narrow and literal form, thus ensuring the scope of the statute was kept as narrow as possible. The situation has now change, commentators now talk of purposive approach to interpretation. There are problems in drafting statutes for example, in rationalising...

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  • Business Law - Statutory Interpretation

    methods of statutory interpretation that may be considered to resolve this problem b) which approach you consider the most appropriate c) why? Answer Issue: The Acts Interpretation Act and the rules/approaches how to interpret statutes, understanding of the interpretation a) Relevant...

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  • Statutory Interpretation

    STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular...

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  • Sexual and Reproductive Rights of Women

    statute or statutory refers to written laws or legislations by a parliament that govern a country or a city, passed by a legislative body (Jean Murray. About.com, 2010). Statutory interpretation is the process of interpreting and applying legislation to benefit a state. This interpretation is necessary...

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  • Statutory Interpretation

    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 interpretation, they are few key elements...

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  • Interpreting Income Tax Act

    the Valabh Committee (in Oct 1992, Consultative Committee on the Taxation of Income from Capital) o ITA 2004 o ITA 2007 is the latest statute. Statutory basis of income tax: • No direct or indirect tax may be imposed with the consent of Parliament • Modern position governed by s 22 of Constitution...

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  • Conflicts Between Judges and Parliament

    Title: ‘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.’ In Duport Steels Ltd v Sirs, Lord Scarman stressed: ‘In the field of...

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  • Statutory Intepretation

    Seaford Court Estates, Ltd. v. Asher [1949] 2 K.B. 481 at 499) Critically discuss this statement in the light of the existing approaches of statutory interpretation. Do you agree with the statement? Statutes would be interpreted frequently by courts due to the imperfection of language, ambiguity in...

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  • Develop the Law Through the Operation of Doctrine of Judicial Precedent and Application to the Rules of Statutory Interpretation

    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 as well as when they are combined in the development of law. To what extend can a judge...

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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 errors or omissions...

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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.

    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 compatible with Convention Rights. This presents a marked change from the traditional approach to statutory interpretation...

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  • Clri Research Paper

    Reasoning and Institutions Essay Title: ‘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.’ Student Number: Candidate Number: In...

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  • Rules of Law

    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...

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  • assignment

    Interpretation Common law rules of interpretation The common law rules of interpretation are as follows: Literal rule - interpret the statute according to the literal meaning of the words. Higgins J in The Engineers Case: "The fundamental rule of interpretation... is that a statute is to be expounded...

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  • Explain the Different Approaches to the Interpretation of Statutes in England and Wales

    (a) Explain the different approaches to the interpretation of statutes in England and Wales. Statutory interpretation is the process of a judge interpreting and applying legislation. Interpretation of statutes is necessary as many of them where written hundreds of years ago and language has changed...

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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 apart in...

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  • Statutory Interpretation

    7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature...

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  • Statutory Intepretation

    Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ,the Court does two things here...

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