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 interpretation, they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. To aid in the Courts’ application of the law, rules of statutory interpretation have been created; they are literal rule, golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are necessary because the meanings of an Act can be unclear, among other things, and these “rules” are used to make a judge’s task of reaching a clear understanding of an Act, much easier. I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has. The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view. As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction.
Legal interpretation may be based on a literal reading of a document. For
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 interpretation, they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. To aid in the Courts’ application of the law, rules of statutory interpretation have been created; they are literal rule, golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are necessary because the meanings of an Act can be unclear, among other things, and these “rules” are used to make a judge’s task of reaching a clear understanding of an Act, much easier. I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has. The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view. As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction.
Legal interpretation may be based on a literal reading of a document. For