Monday, May 6, 2019

Statutory Interpretation Within The Courts Of England & Wales Essay - 1

Statutory Interpretation Within The Courts Of England & Wales - Essay ExampleIn this essay, the primary purpose is to see the standard powers available to the courts in England and wales in association with statutory ascertaination. Moreover, the essay will explore how the decree of judicial precedent employs statutory interpretation.Users of the law such as students, practitioners, academics are in many times faced with difficulty to interpret drafted laws. Factors that lead to the need for the interpretation have already been highlighted and shall be separate into two i.e. due to insufficiency or narrowness and broadness or the legislation being general. To illuminate such matters, the court has the power to give guidance and interpret such law by administering arbiter to the people. Therefore, in this regard, there are three basic rules Canons that are at the disposal of the court to crack the targets and the meaning of a statute (Edlin, 2007). Further According to Keenan and Riches in their book Business Law, judge must follow the laid out guidelines that are categorized according to their origin i.e. either statutory rules or honey oil law rules. For example, under the statutory rules interpretation sections are found in the new-made acts (interpretation Act 1978 and internal/intrinsic aids). On the other hand, common law rules guides the judge on how to interpret (Literal rule, Golden rule, and mischief rule) ( Keenan & Riches, 2011).This is the first rule of statutory interpretation where the court is expected to assess the common and basic understanding and meaning of a provision. This rule is aimed at maintaining the original intent of parliament. Hence, in reason ambiguity is present the natural and original lexicon meaning is applied. Consequently the literal rule is greatly recognized because it respects parliamentary independence. However, this also means that judges are not at autonomy in regards to statutory interpretation. More so, the literal rule does not go without its flaws for example the use of dictionary

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