Statutory Interpretation (Judicial Creativity) (3)
- Created by: Elliiphant
- Created on: 01-06-15 11:33
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- Statutory Interpretation
- This is a process by which courts interpret and apply legislation
- The literal rule: Explains that no creativity is shown and therefore ensures the separation of powers
- Judges often argue that it is not within their role to change the wording of statutes, that is a job for parliament.
- For example, in Whitely v Chappel it was found that dead people were not entitled to vote and so the defendant had no committed the crime of impersonating a person entitled to vote- judges did not change this decision
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