GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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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 may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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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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Statutory provision is legal care that has to be available by law. This law states that all children between the ages of 5-16 should be educated. Children aged 3-4 also have an entitlement to education/childcare. 2 year olds can also be eligible in some cases however they will receive fewer hours. School is an example of statutory care. The local authority and government have to provide them. In statutory provisions the staffs to pupil’s ratio is 1:8 for children aged 3-5 years old. All 3-4 year
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1. ------------------------------------------------- Change in PF contribution ------------------------------------------------- Dear All Need some clarification on change in Employer & Employee contribution to PF: Employer and employee is currently contributing 12% of basic into PF (basic being higher than Rs. 6500/-); and employee now wants to restrict his/her contribution now to only 12% of Rs. 6500/- basic‚ ie. Rs. 780/- pm. Example -- Current Basic on which PF contributions are made is
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enable they deliberated on this issue in Hong Kong. And early 2000s in Hong Kong‚ most of the lower class and low-skilled industries are in low level of wage‚ therefore some people in society had some opinion to The Legislative Council relating to statutory minimum wage‚ as a way to protect blue collar of life. In 2006-2007 Policy Address‚ protecting labour rights is one of the highlights‚ the Government launch a Wage Protection Movement for employees in the cleansing and guarding services sectors
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D1) A primary school for children aged between 5 and 7 years provides education for all children. A non private primary school is a statutory setting witch means that it has been past by law by parliament‚ this means they have pasted a law to say that the service either must or can be provided by them. Primary school setting must follow the national curriculum witch is what the school must teach the children literacy‚ numeracy‚ and science this is what the school should provide for the children
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Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out. The interpretation may form a precedent for future cases. Statutory interpretation can become a problem due to: The complexity of the English language a word may have several meaning‚ which can lead
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Act to prohibit the giving or taking of dowry. Sections from the Act • Section 1: Short title‚ extent and commencement • Section 2: Definition of "dowry" • Section 3: Penalty for giving or taking dowry o Presents given at the time of marriage of bride without any demand having been made in this behalf and entered in a list made at the time of marriage‚ does not attract provisions of Section 3. But‚ property is demanded‚ it would fall within the term of dowry. o Has
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For many years statutory rape has been a main issue across the whole United States. There are many different and types of statutory rapes depending on what state it was committed in and exact details of the encounter. Now we do not believe in all types of statutory rape being right because there are all different kinds of them as we have said before. some of them are where innocent minors have been tortured and harmed purposely and we grieve and pray for them‚ but the ones who allowed it are the
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