statutory interpretaion 1.5 ESSAY

I GOT AN 'A' GFOR THIs helps the title for this essay was about a fictional dogs act, so you dont haveto pay that no mind . im sure this will help for all courses

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  • Created on: 04-10-11 13:52
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Dangorous dogs act
a)In the English law the judges haven't been able to agree on which approach should be
used, they have developed four different ways to interpret law. The rules take different
approaches to interpretation and some judges prefer to use one rule, while a other judge
would prefer another rule.although there are many rule,fundamentally The main choice a
judge has is between a broadly literal approach and a broadly purposive approach.
The literal rule gives court to give words their plain, ordinary or literal meaning, even if the
result is not very sensible. The literal rule approaches problems of statutory interpretation by
taking the words at their face value. This is illustrated in Whitely v chapel (1868) where the
defendant pretended to be a person whose name was on the voters list, but who had died,
he was found not guilty as a dead person is not in the literal meaning of the words, 'entitled
to vote' and as dead people cannot vote they he id not commit an offence.
Another rule which jusged could use is the golden rule,which is in the case of if the judges
find words to be ambuious the court could adopt an interpretion which avoids and absurd
result. This can be illustyrated in the case of re sigsworth(1935) where the defendant
murded his mother and as she did not have he will he stood to hiherit her estate as he was
next of kin,by being her "issue".the court held the golden rule and held that the defended
shouldn't benif from a crime which he had commited as that would bnot be fair
This mischief rule gives a judge more discretion than either the literal or the golden rule. This
rule requires the court to look to what the law was before the statute was passed in order to
discover what gap or mischief the statute was intended to cover. The court is then required
to interpret the statute in such a way to ensure that the gap is covered. The rule is contained
in Heydon's Case (1584), where it was said that for the true interpretation of a statute, four
things have to be considered: What was the common law before the making of the
Act,What was the mischief and defect for which the common law did not provide,What
remedy Parliament hath resolved and appointed to cure the disease of the
Commonwealth,The true reason of the remedy and then the office of the Judges is to make
such construction as shall suppress the mischief and advance the remedy.this casn be
illustrated in the case in smith v hughes(1960, in which 6 women had been charged with
soliciting. The law was that you would be chared if you porostetuted in the "in the street or
public placve for the purpose of prostuitution" however one women was in the balcony and
the other were behind the windows of the ground floor rooms.the court held that they were
guilty because the mischief was aimed at stopping people who had been molested or
solicited by protitutes.
Purposive approach is a modern decedant of the mischief approach .it is said to "promote
the general legislative purpose underlying the provsions" .the court will look at the purpose
of the statute and apply it to the case in front of them. This would need to included the use
ofn intinsic andf extrinsic is important judges do not let their own opinions cloud their
decision and just loojk on what parliament intended.this rule is illustrated in the case of royal
college of nursing v dhss(1967) the abortions act of 1967 alowed abortions by "registered
medical practitioner". In this case doctors cariied out the first part of the procedure ,and the
second was performed by a nursewbut without a dopctor bneing present .the house of lords

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The tools or aids which could be of help to a Judge in interpreting statutes fall into two
groups, Intrinsic and Extrinsic
Intrinsic means that aids which are Found within the Statute itself. Title of the Act and
whether it long or short, Long title provides clues to meaning of words within the Act. An
example of this would be , Access to Justice Act 1999
The Preamble which is an introduction to the Act that may provide an indication of its
purpose.…read more

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Noscitur A Sociis (Known from Associates) is where A word will be interpreted in the
context of surrounding words. This can be illustrated in the case of Muir v Keay (1875)
where,All houses kept open at night for "Public refreshment, resort and entertainment" had
to be licensed. The defendant argued that his café did not need a license because it didn't
provide entertainment. The Court held that "Entertainment" did not mean musical
entertainment but the reception and accommodation of people, so the defendant was guilty.…read more


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