Essay on statutory interpretation

Although it does not have "poorly constructed" wheels, it is still a toy, which can cause harm to children and therefore the shop was rightly prosecuted. However, upon closer inspection of Mr. Therefore, it is impossible to make a perfectly drafted law for every possible thing that can be done in the world.

His widow tried to claim compensation but failed after the courts took the words, "relaying" and "repairing" in their literal meaning and said that oiling points was maintaining and not replaying or repairing. It is in the context Essay on statutory interpretation the golden rule that some academics have stated that the courts are said to have made certain presumptions that a wrongdoer should not be able to derive from their crime.

Tripe take the responsibility for the criminal actions of his former employees. Tripe on whether the Protection of Farm Animals Act applies to him, one must take into account the rules of statutory interpretation, the duty of care Mr.

To conclude, strictly speaking, Mr.

Essay: Statutory Interpretation

To apply this rule to the Act in hand, Child Safety Actthe purpose or intention of parliament shall need to be enlightened first. Despite, the ordinary interpretation of the act and the fact that alpacas are not considered to be common farm animals in Ireland, Mr.

An illustration of this can be seen in the case of Powell v Kempton Park Racecourse Company where the court were trying to decide whether an Tattersal Ring, an open air enclosure, came under "other places.

Rules of Statutory Interpretation Essay

Although the literal rule is the one most frequently referred to in express terms, the courts treat all three as valid and refer to them as occasion demands, but, naturally enough, do not assign any reason for choosing one rather than another" 32 from coursewrok work info We will now apply these rules or approaches to the cases at hand including the Child Safety Act However, because of the impact of EU legislation on domestic law, Mr.

The courts are also permitted to look at material outside the statute, e. The wider approach to the golden rule is the Adler v George case.

We are not given information about the contract that exists between Mr. He was charged under section 81 of the Public Health Amendment Act However, it can be argued that the defendant "willfully and indecently exposing his person in a street" and that he was caught doing that.

Another reason why a meaning may be unclear is due to ambiguity. We will write a custom essay sample on Rules of Statutory Interpretation Order now More Essay Examples on Secondly, the listed items must all be of the same kind. The literal rule is defined as giving words their literal and ordinary meaning.

On the other hand it could be argued that she no longer needed the fish and chips wrapper as it had no further use, so by dropping it on the floor she was disposing of the rubbish.

The literal rule is defined as giving words their literal and ordinary meaning. Thus in the context of the Child Safety Act with regards to the above rule, "other toys" as stated by the act are general words whereas "skateboard, roller-skates, roller blades bicycle," are particular words.

There are many reasons why the meaning may be unclear. Professor Michael Zander has denounced the literal rule as being mechanical and divorced from the realities of the use of language due to such rulings through this approach. It cannot provide them with a solution to the problem.

Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. This essay from studentcentral.

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.

Tripe did not purposely want to cause harm to the animals as he left them in the care of his farm laborers when his obligations to his second job became more pressing. A "pogo stick" therefore, although arguable, may not come under this category, as all the other particular words are "wheeled toys," whereas a pogo stick does not have wheels.

Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute. Arising from the case of Haydon The words of a statute may sometimes have a straightforward meaning but it is important to understand that this is not always the situation.

Home Law essays Introduction to statutory interpretation Essay: If the court decided to use the first term, it would suggest that the defendant would be innocent as they were near the prohibited place and not in it and that would be an absurd decision.

Parliament introduced the Interpretation Act as a guideline when applying statutes such as bills and legislation. Statutory interpretation Statutory Interpretation Many statutes are passed by parliament each year.

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.

Free Essay: Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed.

Essay about Statuary Interpretation - Statuary Interpretation Statutory law is law that has been made by parliament. For a statute to be passed it need to go through the House of Commons, House of lords and finally has to get the Royal Asset this is technically when the monarch must give their consent before legislation can become law but however in practice that consent is never refused.

Free coursework on Statutory Interpretation from, the UK essays company for essay, dissertation and coursework writing. NOTES Interpretation of Statutes IOS 1. GENERAL INTRODUCTION 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.

Statutory Interpretation Essay Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals - Statutory Interpretation Essay introduction.

Essay on statutory interpretation
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