• 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
    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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  • 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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  • 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
    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
    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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  • 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
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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 “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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  • Business Law - Statutory Interpretation
    CHARLES STURT UNIVERSITY LAW110 – Business Law Subject Lecturer: Vipulanandan Wijayaratnam Student name: Michal Duchek Student number: 11461662 Date: 19.8.2010 Due date: 23.8.2010 Assessment item 1: Assignment 1 Value: 10%
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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 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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  • 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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  • 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
    Q.1 In relation of the Australian legal system, explain the meaning of the rules of statutory interpretation and how they are used to interpret a statute. Parliament passes statutes, the statute law itself is basically the acts passed by Parliament and judges must interpret and apply them in cour
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  • Statutory Interpretation
    Statutes historically comprised a small portion of the law in the English legal system. Until 1960, it was felt that judges often share an altitude of mistrust or even fear of statute law. One attempt was to interpret the statutes in a narrow and literal form, thus ensuring the scope of the statute
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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
    There is an indication from Stock v Frank Jones (Tipton) Ltd that “the court’s aim is to find the intention of Parliament as expressed in the words it used.” In fact, 75% of cases heard by House of Lords in its judicial capacity each year involve disputes over the interpretation of acts. The d
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  • Statutory Interpretation
    Statutory Interpretation Task R v Clinton and Others [2012] EWCA Crim 2 In the case of R v Clinton, the appellant and his wife were both on prescribed medication because they both suffered depression and at that point the husband was going through financial difficulties and stress at work. His w
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