Friday, May 10, 2019
Interpretation and Application of Statutory Legislation Essay
Interpretation and Application of statutory Legislation - Essay ExampleThe statutory legislation that relates to said aras may be raised by the member as private bill shall also require the assent of Royal Queen. The example of this riddle of legislation is Interpretation Act 1978 (Slapper & Kelly 89). The accosts while deciding the cases of statutory legislation binds to take into consideration the overabundant justnesss, applicable sayions and a set of precedence in similar cases for the purpose of clarity and to identify the loopholes in existing laws. The ambiguous laws need to be addressed by the parliamentarian to streamline in light of the hook decision. Many tackles are known as collective rules in terms of its statutory interpretation. The competent court of law applies different rules in different scenarios besides the decisions of other courts to decide the matter (Slapper & Kelly 134). The three rules as favorable rule, literal rule and the mischief rule are appl ied by the court to appreciate the objective of legislation that has passed by the constitutionalist. The golden rule may be used where the literal rule leads to an absurd status. In specific situation courts do not go for interpretation of legislation (Slapper & Kelly 133).Statutes awful taxation or penalty are subject to detailed assessment to address identified equivocalness for resolution. The statutory interpretation is generally based on three rules as mentioned herein above. Strict practical application of literal rule in the eyes of judges has no significance. The strict literal interpretation culminates absurdness. The golden rule outside the purview of the act, hence the court can apply mischief rule. However, English courts are more literal in their approach than in most other territorial jurisdictions (Wolfe 69). Mischief rule was favored by the Law Commission in view of the purposive approach to interpret the law. In the larger interest of justice, judges should find out the intention of parliament concerning the purpose of specific legislation. In England, mentioned rules, come to surface 200 years ago. With the assumption of role as law makers by the parliamentarians, the joint law and the royal prerogative become in fructuous. Until then, the courts regarded statutes as an instrument to plug the holes of the common law. The law makers expect that courts should treat the exact wordings of Acts as the voice of the legislature. Here, we may cite Sussex peerage 1844 case to express the rule. The role of parliament is to enact statutory legislation to address the particular issue, which should not be in conflict of the constitution in force (Morrison 129). The intention of the law makers
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