Although Statutory interpretation essay example text based theoretical approach was the dominant form of interpreting legislation preother theoretical approaches were used such as the text in context approach.
The mischief rule is the oldest of the rules and should only be applied when there is ambiguity in the statute. The golden rule the plain meaning of the text must be followed unless it leads to an absurdity or a result not intended by the legislature ; 2.
The law does not operate in a vacuum nor is it an exact science that can rely on a predetermined mechanistic approach to derive law through interpretation of legislative text.
Professor John Willis analysed these principles in his article "Statute Interpretation in a Nutshell" The concept of noscitur a sociis, meaning, something is known by its associates, comes into play in examining the interpretation provision of this act, as ejusdem generis protects the legislation from being misinterpreted.
So in the light of the statute in question the defect in common law could be that there may have not been enough emphasis on the protection of children getting hurt whilst casually playing. Section 39 2 of the Constitution specifically deals with the interpretation of legislation and it provides as follows: The Law Reform Commission published a paper in that deals with the issues surrounding statutory interpretation quite excessively and comprehensively.
The text in context approach provides a balance between the literal grammatical meaning and overall contextual meaning. The specific words will restrict the interpretation of the general words. While the ordinary interpretation comes into play heavily when examining the domestic legislation, the EU Directive is stricter in its explanation and clearly defines which animals are protected under the directive.
A word may have two or more meanings and it may not be clear on which meaning to use. The different interpretations obtained from the statute are then examined to determine which interpretation applies to the statutory scheme.
This imposes a vale-laden framework on the interpretation of legislative text. The meaning of the general words has to be limited to something similar to the meaning of the particular word.
The courts are also permitted to look at material outside the statute, e. This rule is also known as the gap rule and is concerned when the words of an act are ambiguous, it allows the courts to take into account previous common law and identify what was the mischief that was not covered by the common law.
The impact of the Constitution specifically section 39 2 on statutory interpretation post The new Constitution has largely rendered the debate between the text-based approach and the contextual based approach largely irrelevant. He was charged under section 81 of the Public Health Amendment Act There are UK writers just like me on hand, waiting to help you.Statutory interpretation is the act or process of interpreting and applying legislation.
It is the principles developed by courts for interpreting statutes. ON. The means of interpreting the Acts of Parliament by judges is called statutory interpretation.
Disclaimer: This essay has been submitted by a student.
This is not an example of the work written by our professional essay writers. Before outlining the approaches of statutory interpretation, an individual must understand the exact meaning of statutory interpretation. Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute.
Assignment 2 CQU Statutory Interpretation. Assignment 2 CQU Statutory Interpretation For example if an Act was created to regulate the use of cars on the roads and it referred to “ Sedans, hatch backs, utilities, wagons, vans, trucks or any other mechanised device used for transport” then that act couldn’t be interpreted.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Statutory Interpretation - Principles.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Essay on Statutory Interpretation.Download