It is extremely important and infact necessary also that the Courts interpret the law in such a manner that ensures 'access to justice' to the maximum. 1.1. Title: The interpretation of statutes HC 256 Created Date: 12/16/2002 4:01:34 PM When the language of the statute is clear, there is no need for the rules of interpretation. The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute.The elementary rule states that the intention of the Legislature must be found by reading the statute as a whole.. What are the general principles of interpretation? The discussion is for the most part applicable to the interpretation of private law instruments as well. Publication date: 16 September 1966. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Arguments from both counsels are put before the court with respect to these matters. Note. Task 1: It can be argued that the role of statutory interpretation is to 'ensure that judges uphold the intention of Parliament'. The essential weakness of the literal rule is the assumption that there is a single, uncontentious, literal understanding of words. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. Parliament normally drafts Acts in such a way as to minimise the amount of statutory interpretation that is needed - normally by having interpretation sections in different Acts. 1 Statutory interpretation Neil Duxbury n.duxbury@lse.ac.uk 2 Lecture 1 The main types of law 3 • Legal arguments depend on In the Canadian Interpretation Act, under the heading "Rules of Construction" it is stated: "12. Statutory interpretation is when the bill or the law of parliament is tested upon a case. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. This chapter focuses primarily on the law and procedure in England and Wales. For the most part, law students are expected to pick it up by a sort of process of osmosis. Response date: 31/12/1967. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. . While the words used in a statute cannot be "stretched beyond . The Use of the Hansard (in the UK) as an Aid to Statutory Interpretation. It's more fun and engaging to study cases, as vignettes of real life. Transcript of House of Lords decision. #1. The three traditional rules of interpretation are: The Literal rule The Golden rule The Mischief rule. 2 On the distinction between decision rules and the content of the law, see Berman XXX. The Court interprets the provision whenever a challenge is thrown before it. An outline of key EU law concepts and their interpretation in the UK. Rules on interpretation. Statutory Interpretation in United Kingdom Biography by Authors Anonymous: First Report of the Statute Law Commissioners Report of Royal Commission on Income Tax (1920) Report of Street Offences Committee (1928) Report of Committee on Ministers' Powers (Donoughmore Report, 1932) Interpreting retained EU law and EU law. Student of. Statutory interpretation may be required where complexity and uncertainty arises as to how the law applies in a given situation. The law should be clear and concise so that everyone understands its purpose. Title: The interpretation of statutes HC 256 Created Date: 12/16/2002 4:01:34 PM According to Bell (2013), this explanation effectively becomes the rationale behind the piece of legislation. Paper : LB - 6031 - Interpretation of Statutes and Principle of Legislation Prescribed Books: 1. thDiggory Bailey and Luke Norbury, Bennion on Statutory Interpretation (7 ed.) In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits—that the function of judges involves a combination of roles. - A free PowerPoint PPT presentation (displayed as a Flash slide show) on PowerShow.com - id: 5b7b46-NWRmY This case has since been reported: the most authoritative version is [1993] AC 593. Reference: LCCP14. The courts may then apply a secondary meaning. The House of Lords adopted a literal interpretation of the statue and held that any taxpayer in default should have to pay triple their original tax bill. A€er formal Brexit, it is likely that Statutory Interpretation 3 I. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. "Do my research paper" Interpretation Of Statutes Research Paper Topics help is at your service 24/7 Another great feature of our custom writing service is that we are available 24/7. 89 (2009). , '•,' I have shared brief and to-the point notes that will help you revise this subject . Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute. 2 App Cas 743. The expression "interpretation" and "construction" are generally understood as Author: Mayank Shekhar Mayank is a student at Faculty of Law, Delhi University. Interpretation Of Statutes - importance of the words "and" and "or" To ensure that justice is made available to all, the judicial system has been evolved in all nations. Pepper (Inspector of Taxes) v Hart (26 November 1992) Free resource. For the most part, law students are expected to pick it up by a sort of process of osmosis. Apr 27, 2020 carmineproofreading. Universal Law Publishing, 2008 - Law - 432 pages. A Statutory Interpretation is best described as the capability of a court or Judges to translate the Acts of Parliament. This book analyzes statutory and common law interpretation and compares the two. Statutory interpretation in UK Current practice. It is a familiar feature of law and legal practices. It may have been clear when it was checked by the parliament but judges applying it to an actual case uncovers its flaws, making it . 1 Revenue Law in Uganda, David J. Bakibinga 2012 at pg. Overall, the cases indicate that purposive interpretation of tax statutes is alive and well in the UK, which is a good thing. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. It is a means of giving an explanation to the meaning of a piece of legislation. 1 Canadian law provides for a purposive interpretation of statutes. Judges are able to add or change the meaning of statutes and thereby become law makers infringing the . Mr. L. C. B. Gower. 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 This entry about Ejusdem Generis Rule has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Ejusdem Generis Rule entry and the Lawi platform are in each case credited as the source of the Ejusdem Generis Rule entry. An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. Ever)' enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects." 2 Whitney v. Statutes of law are the written laws that govern the United Kingdom. Yet statutory interpretation languishes as a subject of study. This process is commonly adopted by the courts for determining the exact intention of the legislature. Interpretation of statutes is the correct understanding of the law. It is a process that "extracts" the legal meaning of the text from its semantic meaning.13Interpreters translate the "human" language into "legal" lan-guage. The Law Commission is a statutory independent body that keeps the law of England and Wales under review and recommends reform where it is needed. 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 Object of interpretation . University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Summer 1999 Legislative Intent and Statutory Interpretation in England and the United States: An Assessment of the Impact of Pepper v. Hart Michael P. Healy University of Kentucky College of Law, healym@uky.edu R (Westminster City Council) v National Asylum Support Service . There is a dedicated team of friendly customer support representatives who do their best to ensure that every customer Interpretation Of Statutes Research Paper Topics has a pleasant customer experience. And/or the interpretation may be about the application of the language to the facts. -Even though UK is a common law country, today, legal jurisprudence in England and Wales largely depends on statutes.These statutes will be subject to interpretation and argument as to the meaning of the language used in the statute. Below is a discussion about what statutory… Keywords: United Kingdom, tax, tax avoidance, Ramsay. Interpretation and construction. However, sometimes the written law is not always clear. v. United States, 495 US 575, 592, 109 L Ed2d 607, 1105 Ct 2143 (1990); Morissette v. United States, 342 US 246, 263, 96 L Ed 288, 72S Ct 240(1952).'. Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes. Interpretation Act 1978 1978 CHAPTER 30. treaty obligations and the key relevant statutes apply equally to all three jurisdictions, the common law and applicable procedure may vary. Through interpretation, we come to know the normative message of a text. Interpretation would not be arbitrary or fanciful but an honest continuous exercise by the Courts. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. The purposive approach sometimes referred to as purposive construction, purposive interpretation, or the "modern principle in construction" is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (that is, a statute, a part of a statute, or a clause of a constitution) in light of the . statutory construction, is losing ground to approaches which harken 7 For descriptions of pre- 18th century views of the equity of a statute, see T. Plucknett, A Concise History of the Common Law (1929); T. Plucknett, Statutes & Their Interpretation in Documents and downloads. This one introduces the subject and looks at why we need . St. J. Langan, Maxwell on the Interpretation of Statutes (12 ed., 1969) 3. Preview this book . Interpretation of any data generally means to analyze the available data and come out with an opinion which is certain and clear. ( River Wear Commissioners v Adamson) (1876-77) L.R. JEL Classification: K34. of the 1970 statute for work of equal value. !e post-Brexit interpretation of UK VAT law Speed read Whilst the e•ect of Brexit on the UK VAT system cannot yet be fully known, what is certain is that the UK courts will be required to interpret the UK's VAT legislation consistently with EU law until the UK formally leaves the EU. The Interpretation of Statutes PDF, 7 MB. Court system. Sir Jack Beatson has observed extracurially that section 3 'makes statutory provision more like common law doctrine', due to the relative decline in importance of the statutory text and the increased importance of Convention case law in determining the interpretation that a court ultimately adopts. This resource is affected by Brexit. In our previous chapter on ambiguity, we underscored how the logical form of a legal statement does not provide the proposition expressed. Kochi. Yet statutory interpretation languishes as a subject of study. Publication date: 16 September 1966. They are made by the parliament and enforced by the various law enforcement authorities. This was a literal interpretation of the 1970 statute. This file may not be suitable for users of assistive technology. Documents and downloads. It therefore used The interpretation of statutes - Full Text. This helps in finding out the intention of the author. Kafaltiya A.B. Ref: ISBN 0102256691, HC 256 1968-69 PDF, 3.19MB, 74 pages. Intention of the legislature Interpretation is the primary function of a court of law. Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter (3) Where a statute denounces an act as criminal without specifically requiring criminal It is more fun and engaging to study cases, as vignettes of real life. Modern Statutory Interpretation Philip Sales ∗ Most of the law which the courts are called on to apply is statutory. The Interpretation of Statutes PDF, 7 MB. Overview Interpretation, Rules and Principles of Statutory Quick Reference The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. When a problem regarding statutory interpretation comes before the court, a decision has to be made as to what the language in the statute implies, the purpose of the statute and cases that have already been decided regarding the same issue. English legal system - statutory interpretation. These rules are more an approach because judges have to use good judgement when interpreting the legislation. Online writing service includes the research material as well, but these services are for assistance purposes only. 2. thP. focus will be on interpretation of statutes and constitutions, so I will often use the simple formulation and talk of discovering what the law is. Absent contrary direction from Congress, we-begin our interpretation of statutory language: with the general presumption that a statutory term has its common-law meaning. of interpretation in the administrative setting, see Michael Herz, Purposivism and Institutional Competence in Statutory Interpretation, 2009 MICH. ST. L. REV. The Commissioners are: The Honourable Mr. Justice Scarman, O.B.E., Chairman. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of contested statutory interpretation in law. Disclaimer: is Interpretation Of Statutes Research Paper the online writing service that offers custom written papers, including research papers, thesis papers, essays Interpretation Of Statutes Research Paper and others. The Interpretation of Statutes | Law Commission Skip to main content The House of Lords decided that the literal approach would have left the United Kingdom in breach of its treaty obligations to give effect to an EU directive. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. LAW (LLM) Jul 25, 2018. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of contested statutory interpretation in law. Statutory Interpretations is the process by which Judges interpret Acts of Parliament. In some instances, courts are called upon for statutory interpretation. Interpretation is a process through which one ascertains the true and correct intention of the law-making bodies as is laid in the form of statutes. Chapter 3 Statutory interpretation 33 patrol, or other similar duty in relation to the prohibited place, and, if any person acts in contravention of, or fails to comply with, this provision, he shall be guilty of a mis-demeanour.' In the present case the defendant had obtained access to - it matters not Interpretation in law is a rational process by which we understand a text. However, establishing the meaning of any given legislation is not always easy. So the common law and common law method win out. Statutory Interpretation Richard O Neill University of Hertfordshire Legislation and common law Parliamentary Sovereignty Parliamentary Sovereignty Parliamentary . See 'Taylor. The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. Literal Rule The starting point where the courts are interpreting legislation is in the statute natural meaning, the Literal rule. Suggested Citation: Suggested Citation. With reference to the approaches used by judges, critically assess whether the rules of statutory interpretation fulfil this argument. The term 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or to understand or translate. Alexis W gives her own definition of this by stating that "Statutory interpretation refers to the process by which a court looks at a statute and determines what it means.". INTERPRETATION What are the Different Types of Statutory Interpretation in the UK? The meaning of an utterance - the product of a verbal act performed in a specific context (Leech 1983, 14) - cannot be the simple output of a decoding process (Sperber and Wilson 1995, 182; Recanati 2003, 56), or "semantic interpretation" (Leech . UK and EC law as primary objects of interpretation, with the latter prevailing due to the phrase 'subject to'. Those who draft legislation do their utmost within their extraordinary experience and drafting skills to craft legislation that is clear and unambiguous. the purpose of the legislation or statutory scheme in which the language is found. Traditionally, there are three rules of statutory interpretation which court may employ while interpreting tax statutes and these include; the literal rule; the golden rule; and the mischief/purposive rule. In this blog post, we will be considering what statutory interpretation is, as well as the different types that can be used in the UK. Response date: 31/12/1967. The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law other than the law of Scotland or of any law of Northern Ireland which the Parliament of Northern Ireland has power to amend. ASSIGNMENT BRIEF QUALIFICATION UNIT NUMBER AND TITLE PEARSON BTEC HND IN LAW (SRF) 08. Order a copy. Doctrine of precedent. All papers from this agency should be properly referenced. 2 Courts and the doctrine of precedent. View INTERPRETATION OF UK STATUTES Brief.docx from BUSINESS LAW 101 at Roots Millennium Schools. 75% of cases heard by the House of Lords are concerned with statutory interpretation. http://www.thelawbank.co.uk - The first of a series of videos looking at Statutory Interpretation. interpretation, reflecting disbelief that Parliament could readily intend to overturn established principles elaborated in centuries of judicial decisions, held that a statute would only be presumed to have altered the common law if Parliament made such an intention clearly manifest.14 Judicial distrust of Interpretation Of Statutes. View Statutes lectures (1).ppt from LL 109 at London School of Economics. 1 Review . But, in certain cases, more than one meaning may be derived from the same word or sentence. A statute may need interpretation if the Act is badly drafted, or because the subject matter of the act is complex, or when errors are inevitable. View Statutes lectures (1).ppt from LL 109 at London School of Economics. Request an . 2 In places, the report also refers to opinions of United States courts of appeals and scholarly discussion of statutory interpretation generally. Here I am sharing two PDF eBooks containing detailed notes on the Law LLB subject - Interpretation of Statutes. A basic principle of statutory interpretation is that courts should "give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed."84 The modern variant is that statutes should be These four types are the literal rule, the golden rule, the mischief rule and the purposive approach. 01 2 Constitution for the Republic of Uganda, 1995 2 fWhile interpreting any tax . Reference: LCCP14. Interpretation Act 1978 1978 CHAPTER 30. Precedent value of decisions given without a full trial. If there was a question that courts should do otherwise under section 3 than interpret the statute before them, then surely the answer to that is found in section 4, which reads: An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. Examples Of Statutory Interpretation. 1 Statutory interpretation Neil Duxbury n.duxbury@lse.ac.uk 2 Lecture 1 The main types of law 3 • Legal arguments depend on Most of the law which the courts are called on to apply is statutory. Ordinarily, parliamentarians put the minister (at the time of tabling a bill to the parliament) to the task to explain the rationale behind the bill. Recognition and enforcement of judgments The UK is a party to treaty-based schemes for the enforcement of judg- Rules of precedent and departure from CJEU decisions. 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