.

Tuesday 12 February 2013

Statutory Interpretation Uk

Statutory Interpretation

Introduction
Unlike the rest of Europe the courts in the UK go the power to interpret the natural law in different ways. They demand intrinsic aids which argon contained within the Statute itself and away aids are aids that come from outside the codified (previous human faces). The principal finds that are used in the statutory canon are the true(a) rule, guile rule and the golden rule. on that point are also the other judicial principles of statutory variation; the contextual approach, purposive approach and judicial precedent.
Principal Powers
veridical Rule
The oral rule is the initial rule applied by judges. In this statutory interpretation the words of the statute are given their natural or traditional meaning. When using the literal rule there is a clear meaning, then it must(prenominal) be exercised. There has been many criticisms against the literal rule because there can be a disagreement as to what amounts to the normal or natural meaning. There also has been criticisms about the literal rule because some lawyers state that it also creates loopholes in the law.
Case
The case I chose for the Literal rule was Fisher V price (1961). The defendant had a flick knife in divulge with a price tag on it.

Ordercustompaper.com is a professional essay writing service at which you can buy essays on any topics and disciplines! All custom essays are written by professional writers!

The conviction was overturned because the goods on display are not offers they are an invitation to treat. This was rule using the literal rule of statutory interpretation.
Mischief Rule
The mischief is the oldest rule out the three. It was developed in the Heydons Case (1584). The briny aim of the mischief rule is to find the misconduct the economy was trying to cure. The mischief rule closes loopholes in the legislation and it allows the law to develop and adapt to changing needs. The problems with the mischief rule are that it creates a crime after the event: and it gives the judge a law making role which opposes the separation of powers. The mischief rule has 4 main concepts:
1. What was the common law before the do
2....If you want to get a full essay, order it on our website: Ordercustompaper.com



If you want to get a full essay, wisit our page: write my paper

No comments:

Post a Comment