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Saturday, May 11, 2019

Give an account of the main rules of statutory interpretation and Essay

Give an account statement of the main rules of statutory interpretation and illustrate their operation by reference to decide cases. do these rules house a helpful guid - Essay ExampleWhen comparing legislation with common law, statutes can transport the pose norms of common law but the common law can not overturn or change statutes it can be modified by a later statute. in that respect is a common thought that law is straightforward actually it is not so. in that location are three rules being practiced by resolve to interpret statutes (UK Law Online).The golden rule when literal interpretation leads to silliness, it is improvised to a slight obvious meaning. Otherwise also, there could be policy implications arising out of literal interpretations.The mischief rule It defines the retire the Act was meant to resolve and decides on the interpretation which best suites the issue. Law Commission reports and Hansard the journal of debates in fan tan can also be consulted t o decide the problem before the Act. Smith v Hughes (1871) LR 6 QB 597 is an subject of the mischief rule (UK Law Online).The literal approach is the default position that honours Parliamentary Sovereignty. It demands that judges enforce law and not make it. The purposive approach, based on the golden rule, is preferred in Europe and the ECJ while the literal approach of statutory interpretations is the preferred choice throughout in the UK (legal Easy, 2006).In certain grumpy social policy implementations, the like of outlawing of sex discrimination, judges need to be plastic by using a more purposive approach (the golden or mischief rules) There is the case example of Pickstone v Freeman 1988 2 All ER 803. The above approaches have wider applications. There are certain other rules of interpretation, which come under two sub categories (UK Law Online).Rules of Language The eiusdem generic rule a Latin phrase, which means of the same kind It states that normal words follow part icular examples for getting meanings, and are not that general or ordinary after

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