Preview

Statutory Interpretation

Powerful Essays
Open Document
Open Document
21010 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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 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, as well as the context of legislation; the courts are not of one mind when it comes to the application of certain rules, resulting in no clear predictable pattern of application 1 the law is not objective, neutral and value-free: all interpreters have a particular frame of mind which will influence their understanding of legislation; since the spirit and aim of the fundamental rights in the Constitution must be promoted, interpretation necessarily involves value-judgements; Poor drafting, conflicting provisions or a lack of resources to research the current law. Two different meanings of the phrase “interpretation of statutes” Before 1994 and the Constitution, interpretation of statutes was an orthodox system of maxims and rules for interpretation based on parliamentary sovereignty. Today interpretation is based on constitutional supremacy and the spirit and purport of fundamental rights are to be taken into account and thus value judgment can no longer be ignored. According to Devenish: courts will be able to test and invalidate legislation; all statute law will have to be interpreted to be compatible with letter and spirit of Constitution; a value-coherent theory of interpretation should become prevalent; a justiciable bill of rights is likely to indicate a new methodology and theory of interpretation. Interpretation of statutes transformed by six provisions of the Constitution:
Section 1 Section 2 Section 7 The foundational provision Supremacy of the Constitution The

You May Also Find These Documents Helpful

  • Good Essays

    Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations:…

    • 900 Words
    • 4 Pages
    Good Essays
  • Good Essays

    I will describe how precedents are applied in court and explain the rules of statutory interpretation.…

    • 1148 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The constitution as a written document is very simple and vague, making it fundamentally political and thus requiring those who interpret it to take into account the present state of the country and the effects that their decision will have on the current populous. The founding fathers, like our politicians today, had conflicting ideas on how the country should be run, hence the length and vagueness of the document. Among these debates was the issue of the judiciary branch. Many believed that a branch whose members were not publicly elected, and thus not representing the will of the people, garnered more authority and power than the others. In response to such criticism, Alexander Hamilton wrote the Federalist 78, in which he said the courts as outlined by the constitution are the weakest branch of government because, "It [Judiciary Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."(1) Hamilton, along with many others, believes that the constitution implies that the courts have the power to judge issues brought to the Supreme Court. The courts ability to rule on the constitutionality of issues is not specifically mentioned the constitution but was reaffirmed in the landmark Supreme Court decision, Marbury vs. Madison in 1803. In declaring that the courts have the ability to determine a laws constitutionality, chief justice John Marshall established a policy of judicial review. Marshall's decision gave the courts inherent powers the constitution didn't specifically mention but also created a new dilemma for the courts: how to go about interpreting laws.…

    • 1144 Words
    • 5 Pages
    Better Essays
  • Best Essays

    Ever since its inception, one of the High Court’s primary duties has been to interpret the Australian Constitution. There have been many methodologies used to do so and many schools of thought (have been adopted by different judges) in approximately the last hundred years, but so far there still isn’t one consistent and cohesive way of interpretation . In this essay three types of options or methodologies that have been more commonly used by High Court judges will be discussed. They include: literalism/legalism, originalism and progressivism. Other options that may be considered by the High Court will also be examined in this paper.…

    • 1645 Words
    • 7 Pages
    Best Essays
  • Satisfactory Essays

    Even though rulemaking has an affect on citizens, very few people know about rulemaking, and even fewer understand how rulemaking works, therefore, there is limited participation. Since, there is a lack of awareness and participation, it is very hard for citizens to take a position on a law/bill. Also, rulemaking goes through some many processes, which makes it more complicated to follow, especially because of the bureaucracy.…

    • 116 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    2. Are there any established statutory hooks allowing judges to modify custody arrangement when facts have changed?…

    • 793 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    The Supreme Court of the United States is the highest court and the one that decides and interprets whether laws or acts are constitutional. Simply put, they interpret whether a law is constitutional or not based on what they think the constitution means. Because the constitution doesn’t explicitly or definitively state anything, this interpretation can lead to many differing point of view. Some supreme court members opt for a strict approach to this document, whereby the words of the founders are meant to be taken literally and at face value, and anything that isn’t explicitly expressed in the constitution is not something that can be derived as such. Others argue that the founders couldn’t possibly have put every specific rule or…

    • 2001 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks)…

    • 1256 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    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. Society has also changed and so statutes need to be applied to modern society. Drafting errors may have been made when the statute was written which would then require interpretation. For example, the board term of 'type' used in the Dangerous Dogs Act 1991. Judges use a number of rules and aids in order to interpret these laws. However, there are disadvantages of interpretation. It is Parliament's role to make laws and the role of the Judiciary to enforce them. If a judge interprets a law to their desired outcome, rather than Parliament's desired outcome, Parliamentary sovereignty is not respected. Interpretation may require the personal opinion of a judge, and as judges are unelected, it may be seen as undemocratic.…

    • 1384 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Statutory Law Essay

    • 501 Words
    • 3 Pages

    the House and Senate, getting the required votes to pass it, and then having it signed into law by the Governor or President. For example, the right against self-incrimination is statutory law because it was written into the Fifth Amendment to the U.S. Constitution.…

    • 501 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Statutory Law Answers

    • 361 Words
    • 2 Pages

    Statutory law comes into existence when a legislature passes a statute. This statute is then included in the federal code of laws or the relevant state code of laws. Common laws are the rules of law announced in court decisions. These rules include interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. If there is a conflict, common law or previously decided cases will take precedence.…

    • 361 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes, judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated legislation when the words are unclear. There are a few reasons why the meaning of an Act may be uncertain:…

    • 1410 Words
    • 6 Pages
    Good Essays
  • Good Essays

    These canons provide a common sense approach to the courts in interpreting the meaning of laws. These canons are important because they limit the ability of the courts to make legislation. There are three elements in the construction and the interpretation of legislation and these are textual canons, substantive canons and deference canons. Textual canons focus on the language of the statute and the relationship between statutory provisions. Some textual canons include plain meaning interpretation where the interpretation uses the ordinary meaning of words. Here the meaning of the statute is sought in the language in which it was framed. There is also the ejusdem generis rule which follows that where a list of specific descriptors is followed is followed by a more general descriptors, the wide meaning should be restricted to the same class of the specific…

    • 1012 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Legislations are the driving force to promote national profile and to improve economic prosperity. An advanced law system can maintain social orders and alter citizen’s behaviors. Personally, I hold the view that the legitimate principles have both advantages and adversities, while the merits surpass the downside in the most of the cases.…

    • 286 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The Criminal Justice System

    • 4828 Words
    • 20 Pages

    The task of deciding what the legislation means is called interpreting the legislation this is done by the court. It is their job to apply the set of rules to a particular case.…

    • 4828 Words
    • 20 Pages
    Powerful Essays

Related Topics