Method of interpretation as far back as 1969 the law commission recommended that the mischief rule should be the only rule used in statutory interpretation. Nature of statutory interpretation 3 by late 19th c, common and statutory law polarized in the extreme progressives, legal realists, post-legal realists. Good practice guide: statutory interpretation 1 introduction the law associate deans network commissioned this good practice guide in. 2424a statutory interpretation: the meaning of meaning rmit university, melbourne school of accounting and law, symposium on.
Citing and using the relevant rules of statutory interpretation, advise in relation to the what governs our approach to interpretation common law or statute. Statutory interpretation - approaches | literal | purposive | integrated | statutory interpretation - introduction statutory interpretation - canons of interpretation/construction. Aqa as law- statutory interpretation key term meanings 30 / 5 statutory interpretation quiz 30 / 5 statutory interpretation keywords 10 / 5 statutory.
Other articles where statutory interpretation is discussed: legislation: interpretation:process is found in the interpretation of legislation by the courts, since, unless compliance with the legislative will is automatic, it is at this point that legislation is given meaning and effect. The wiky legal encyclopedia covers legislation, case law, regulations and doctrine in the united states, europe, asia, south america, africa, uk, australia and around the world, including international law and comparative law. What does interpretation mean in law interpretation legal definition of interpretation https: it is guided by rules of statutory construction. Course description statutory interpretation is the process by which legislative instruments are given meaning so that they can be understood and applied this subject will systematically examine the body of law that is relevant when determining the intention of parliament as expressed in legislative. Delivered by justice kenny at a conference held under the auspices of the judicial college of victoria and the melbourne law school, the university of melbourne.
Aids to statutory interpretation are divided into internal aids and external aids case law from other jurisdictions hansard. Heinonline -- 3 u kan l rev 1 1954-1955 kansas law review an evaluation of the rules of statutory interpretation quintin johnstone the rules of statutory interpretation are under attack as being. What is statutory interpretation in law, the rules of statutory interpretation govern how judges and others in the legal system should read the. [study unit 1 ios 2601 definition: statutory interpretation conflicting provisions or a lack of resources to research the current law interpretation is not. Interpretation act 8 common law principles and presumptions 9 principle: if legislation says statutory interpretation is often well beyond evidence.
What is statutory interpretation why is it important that interpretation is now the law of the land why we need statutory interpretation. This problem question necessitates a discussion surrounding the area of statutory interpretation. The human rights act 1997 provides a new canon of statutory interpretation judicial interpretation grants law where the meaning of the statutory words.
Statutory interpretation general view- the function of parliament is to create law, but the role of judiciary is to apply the law montesquieu theory of separation of powers: the government has 3 different functions – legislative, executive and judicial – and these functions should be kept apart in order to prevent the centralisation of too. Consultation paper on statutory drafting and interpretation: plain language and the law.
Dynamic statutory interpretation the purpose of this article is to explore the thesis that statutes, like the constitution and the common law, should be interpreted dy. Statutory interpretation lecture notes from smith & bailey on the modern english legal system, third edition 1996, p351-403 cases in jacqueline martin, the english legal system, chapter 3. Law-making responsibility and statutory interpretationt william d popkin introduction the explosion of commentary about statutory interpretation in.