Business Law
- Submitted by: sachapersad
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- Category: Politics
- Date Submitted: 12/13/2011 01:34 PM
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Question One – Part A
Statutory Interpretation is not a straight forward task for many reasons. When interpreting the law, different people can interrupt and understand things in different ways. It is difficult to apply the law because of how language changes. The draftsman may use a broad term (word, phrase) and expect the user to understand what situation fall within it. Ambiguous words may also be used and some words actually have more than one meaning. This therefore causes problem and is difficult to know what the statute is implying. This is why a written record is the best way to ensure certain obligations are carried out.
There are specific aids and approaches to interpreting the statute law. The Interpretation Act 1978 defines many common terms, and it provides that its definitions are to be used in continuing any Act that contains the words defined (unless a subsequent Act defines them differently); it also provides a rebuttable presumption that words in the singular shall include the plural and words in the plural shall include the singular. (S 6 of the Interpretation Act 1978).
Also The Human Rights Act 97 provides new cannon of statutory interpretation with the European Convention on Human Rights. Modern Statues also include “definition sections” in which meaning of words, phrases found in the statue are explained. Headings and side notes can also be found to help clarify the meaning of ambiguous words. (All private and old public acts have long titles). All acts have preambles. Fisher V Raven 1964 long title was used to decide that debtors for the purposes of Act were ordinary debts.
Judicial Interpretation is not regulated by parliament but has been developed by the judges. Limited help, such as rough drafts of Acts, are done by parliament to minimize the amount of the interpretation that is necessary. Although judges in the past have often been strict literalists, it is rare to find a judge that adheres to any one rule, and free to decide and...
Statutory Interpretation is not a straight forward task for many reasons. When interpreting the law, different people can interrupt and understand things in different ways. It is difficult to apply the law because of how language changes. The draftsman may use a broad term (word, phrase) and expect the user to understand what situation fall within it. Ambiguous words may also be used and some words actually have more than one meaning. This therefore causes problem and is difficult to know what the statute is implying. This is why a written record is the best way to ensure certain obligations are carried out.
There are specific aids and approaches to interpreting the statute law. The Interpretation Act 1978 defines many common terms, and it provides that its definitions are to be used in continuing any Act that contains the words defined (unless a subsequent Act defines them differently); it also provides a rebuttable presumption that words in the singular shall include the plural and words in the plural shall include the singular. (S 6 of the Interpretation Act 1978).
Also The Human Rights Act 97 provides new cannon of statutory interpretation with the European Convention on Human Rights. Modern Statues also include “definition sections” in which meaning of words, phrases found in the statue are explained. Headings and side notes can also be found to help clarify the meaning of ambiguous words. (All private and old public acts have long titles). All acts have preambles. Fisher V Raven 1964 long title was used to decide that debtors for the purposes of Act were ordinary debts.
Judicial Interpretation is not regulated by parliament but has been developed by the judges. Limited help, such as rough drafts of Acts, are done by parliament to minimize the amount of the interpretation that is necessary. Although judges in the past have often been strict literalists, it is rare to find a judge that adheres to any one rule, and free to decide and...