Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation‚ the courts are required to interpret its meaning so that they can apply it to the
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Assignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process of
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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process differs among states‚ but the result is dangerous‚ in that adult sanctions‚ including prison‚ now apply. In Florida‚ the transfer provisions fall into three general categories: Judicial waiver‚ Concurrent jurisdiction‚ and Statutory exclusion. Florida’s Statutory exclusion states that the State’s Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute (The Florida legislature‚ 2017). Florida’s
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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 not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case
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the law that governs the society has to evolve as a result. This is to ensure that justice is served with effectiveness and fairness. Henceforth‚ judges play an important role towards this development of the legal system to a certain extent‚ through their decisions made within the parameters of certain doctrines that provide consistency and guidance (Lewis‚ 2012). Two such doctrines are the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that
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The Law Commission In the United Kingdom‚ the supreme law-making body is Parliament. Through this‚ the government introduces numerous laws to implement its political agenda. The Law Commissions was set up by the Law Commission Act 1965 to “keep under review of all the law‚” s3(1)‚ being one the many influences on Parliament to make or repeal laws. Independent from the government and their politically generated views‚ the body is headed by five Law Commissioners‚ headed by the Chairman‚ also known
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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 which is based on a much more literal approach. Here we assess the degree of this change in interpretation. We first review the traditional approach to statutory interpretation. We then turn our attention to the changes in interpretation which arise from the application of the Human Rights Act and the European Convention
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Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
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Statutory Construction: Case Digests Statutory Construction – it is the various methods and tests used by the courts for determining the meaning of law. I. General Principles in defining Statutory Construction Whether the promotional scheme is a lottery or a gift that violates the provisions of the Postal Law (Caltex v. Palomar) In the case at bar‚ there is no requirement in the rules that any fee be paid‚ any merchandise be bought‚ any service be rendered‚ or any value whatsoever be given for
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