Statutory interpretation essay

    • What is the literal approach to statutory interpretation?

      The literal approach requires that statutes must be given a plain, ordinary or literal meaning. The court in interpreting the statute seeks to discover the intention of the Oireachtas as expressed in the legislation. The literal rule is the default rule.

    • What is the literal rule of statutory interpretation?

      The literal rule is a type of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. In other words, the law is to read, word for word and should not divert from its true meaning.

    • Is statutory interpretation a matter of rule or style?

      Statutory interpretation is essentially a personal matter. No rules can bind the process since any such rule must themselves be subjects of interpretation. (www.oxfordjournal.com) Statutory interpretation is used by judges to make sense of the law in relation to their judgments.

    • What are the Golden Rule of interpretation of statutes?

      THE GOLDEN RULE OF INTERPRETATION. The golden rule is that the words of a statute must prima facie be given their ordinary meaning . It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.

    • Law-Making Responsibility and Statutory Interpretation

      Statutory Interpretation. t. WILLIAM . D. POPKIN* INTRODUCTION The explosion of commentary about statutory interpretation in the 1980s has left judges without a common method for interpreting statutes. Text-, writer-, and reader-based approaches all have some credibility This Essay suggests

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    • [PDF File]4.2 The rules of statutory interpretation

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      4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: the literal rule the golden rule the mischief rule the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer

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    • [PDF File]Statutory interpretation - Pearson

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      Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which Parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. The case of Adler v George (1964) is a classic example of the courts applying the golden rule.

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    • [PDF File]Statutory Interpretation: General Principles and Recent Trends

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      Sep 24, 2014 · Statutory Interpretation: General Principles and Recent Trends Congressional Research Service 1 Introduction Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of

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    • [PDF File]Statutory Interpretation: Theories, Tools, and Trends

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      Apr 05, 2018 · Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal

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    • [DOCX File]learninglink.oup.com

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      ESSAY QUESTIONS. 1. ‘Governments in the UK are elected to create legislation; however, this power may be abused if accountability is not ensured. The role of the Government in this respect therefore requires a system of checks and balances to be exercised to ensure public scrutiny.’ ... The three types of delegated legislation are statutory ...

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    • [DOCX File]Unisa Study Notes

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      In this essay, I explain the approach adopted by the court in Commercial Union Assurance v Clarke 1972 (3) SA 508 (A), the effect of section 39(2) of the Constitution on statutory interpretation in South Africa and whether the adoption of the interpretive approach prescribed by section 39(2) of the Constitution has rendered obsolete all ...

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    • [DOCX File]70115 – Perspectives on Law

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      This essay will show that the original purpose of Magna Carta is both legally and symbolically insignificant. This requires a threefold analysis. First, historical analysis is necessary to explore the context of the document. ... The common law rules of statutory interpretation developed much in the way that the interpretation of . Magna Carta ...

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    • [DOC File]CHAPTER 1

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      Statutory Law. Statutes used where common law could not work or where changes in the common law are needed. Procedural formalities must be followed in order to pass statutes. 3. Statutory Law vs. Common Law - comes from formal legislative -comes from judicial interpretation. steps

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    • [DOC File]IOS2016 – Discussion class notes – 12 March 2010

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      Mar 12, 2010 · 2e) = Short essay type Q = 5 marks. 2f) = Essay type Q = 20 marks. Q’s based on 7 themes/topics discussed in discussion class. Q1: With reference to case of Jaga v Dönges, explain textual approach to Statutory. Interpretation – Facts of case = NB. Judgement of case = NB. 15 marks for entire Q. A1: Explain!! Chapter 5. What does textual ...

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    • [DOC File]Analyse the extent to which judges are able to develop the ...

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      Analyse the extent to which judges are able to develop the law through the operation of the doctrine of judicial precedent and the interpretation of statutes. Discuss whether judges should be able to develop the law. PLAN Judicial Precedent Original, Hierarchy, Stare Decisis – Case examples. Persuasive, Obiter, Dissenting – Case examples

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    • [DOC File]Chapter 1: Introduction and history - Statute Law Society

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      M Sinclair, “Legislative Intent: Fact or Fabrication?” [Book Review Essay of Dynamic Statutory Interpretation, by W Eskridge] (1997) 41 New York Law School Law Review 1329, 1365-86. Chapter 9: Legislative intent. 3. Semantics and pragmatics. The code theory of language and its failure. The difference between semantics and pragmatics

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    • [DOC File]Model Exam Answer: - PrawfsBlawg

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      The larger statutory and administrative context of the IRCA, in short, might be contradicted by the specific terms of the text in 8 USC section 1324b. This conflict among sources of statutory interpretation, in turn, suggests that the Court could legitimately rely on legislative history to break the tie in textual sources.

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