The mischief rule is the oldest of the rules and should only be applied when there is ambiguity in the statute. The court has nothing to Statutory inerpretation essay with the question whether the legislature has committed an absurdity. The South African Constitution is different: The interpretative approach adopted by South African courts post The interpretation of legislation post is governed by the Constitution specifically Section 39 2 which provides: These interpretation sections outline what the words include and how they must be interpreted.
This can be seen in the case of Re Sigsworth where the court was not prepared to let the Statutory inerpretation essay, a murderer, benefit for the crime he had committed so it was held that the literal rule should not apply and instead the golden rule was used to prevent the repugnant situation in the case.
The text in context approach provides a balance between the literal grammatical meaning and overall contextual meaning. They are simply interpretative guidelines and principles the courts have developed over time. The Literal Rule Under this rule, developed in the early nineteenth century, the courts will give words their ordinary or literal meaning, even if the results is not very sensible.
The statute is then interpreted in the light of this.
However, in contrast with this point, a young person under the age of 10 is not considered in law to be capable of deciding what is a wrong action or a right one and is therefore considered to be too young to be held criminally liable. Despite these aids many cases come before the courts because there is a dispute over the meaning of an Act of Parliament.
It would be helpful if there was one specific method of statutory interpretation that was always used in cases. However, their approach can only do as much as provide a frame from which they can work. Arising from the case of Haydon Du Plessis and Corder Whereas one of the other rules is the golden rule which is where the judge is able to proceed with the case in the way they would interpret best to avoid an illogical outcome.
Problems of interpreting statutes? Another reason why a meaning may be unclear is due to ambiguity. Professor John Willis analysed these principles in his article "Statute Interpretation in a Nutshell" Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute.
If this essay isn't quite what you're looking for, why not order your own custom Coursework essay, dissertation or piece of coursework that answers your exact question? In determining the intention of the legislature in passing a particular statute, this approach restricts a judge to the so called black letter of the law.
Often, a law which was drafted with one particular situation in mind will eventually be applied to quite different situations. The Jaga v Donges 4 SA A case is an example of an attempt to use an approach that moves beyond literal grammatical meaning in establishing the legislative purpose.
Judges in England generally apply three basic rules of statutory interpretation, and similar rules are also used in other common law jurisdictions.The words "rules of statutory interpretation" are used loosely in this article to include any of the legal principles and concepts devoted to the meaning of statutes.
Statutory Interpretation Essay Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them.
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.
Assignment The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation.
In this essay I argue that. Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Summary The exercise of the judicial power of the United. 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.Download