November 14, Foundations of Law: Statutory Interpretation Essay Q 2 At a surface level, when supplied with the information regarding the case of Billy Tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. However, upon closer inspection of Mr. 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.
Home Law essays Introduction to statutory interpretation Essay: Introduction to statutory interpretation By admin — Posted on November 14, Introduction The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it.
This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule.
Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute. It is important that these words are interpreted accurately in court to ensure the defendant gets the right punishment for the crime they have committed.
The words of a statute may sometimes have a straightforward meaning but it is important to understand that this is not always the situation. This is why the role of the judge is to resolve the ambiguity these words can cause.
In order for judges to find the correct meaning of statutes, they must use various methods. Parliament introduced the Interpretation Act as a guideline when applying statutes such as bills and legislation. To make Statutory interpretation essay example more simple for courts, most statutes now include an interpretation section.
These interpretation sections outline what the words include and how they must be interpreted. Therefore, they are less likely to make a mistake and give the wrong sentence to a defendant.
However, not all courts have interpreted statutes correctly. This may be due to the fact they have been badly drafted.
The Brock v DPP case is an example of this. As she failed to provide appropriate evidence that her dog was of a pit bull terrier type, the Crown Court concluded that Miss Brock would not be prohibited from having the dog in her possession.
This case is only one example of how words in statutes pose a daily challenge to judges in UK courts.
They are simply interpretative guidelines and principles the courts have developed over time. The first of many rules of statutory interpretation starts with the literal rule.
The literal rule is defined as giving words their literal and ordinary meaning. The courts must interpret words as they are and not interpret them in a way they believe they should be interpreted. Courts must abide by this rule even if the outcome may seem unreasonable.
An example of the literal rule is in the Fisher v Bell case. However, the judiciary concluded that this shopkeeper was not a victim of any offence. This case is the perfect example of when the literal rule has been applied in UK courts and how the judiciary have perfectly carried out Parliaments intentions which is a great advantage to the literal rule.
Even though most cases that apply the literal rule have resulted in the appropriate outcome, there have been situations where the literal rule has caused injustice. The public may believe that the judges are being unfair and that certain people do not deserve the punishment they have been given.
Also, the literal rule is hard to apply in some cases. For example, if an individual impersonates a dead person. How can Parliament know that a human being would do such a wrong thing like this? Therefore, it is impossible to make a perfectly drafted law for every possible thing that can be done in the world.
This means that it can be hard for judges to apply the literal rule if they have no statute to relate too. This can end up in judges giving their own opinions on what the outcome should be and this is not what their role entails.
Golden Rule The golden rule is defined as words that are given their plain and ordinary meaning to the extent that they do not cause absurdity. This is like the literal rule although if the court come across an interpretation that leads to absurdity, they can avoid it by using the golden rule.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. Statutory Interpretation is also needed because an Act may have been badly drafted for example the Dangerous Dogs Act where there was confusion over . 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. Statutory interpretation entails the process through which the courts apply and interpret legislations.
In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons.
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.
Essays & Papers Rules of Statutory Interpretation Essay - Paper Example Rules of Statutory Interpretation Essay The text contains an enumeration of specifics; the members of that enumeration suggest a class - Rules of Statutory Interpretation Essay introduction.