STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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Statutory Construction: Case Digests Statutory Construction – it is the various methods and tests used by the courts for determining the meaning of law. I. General Principles in defining Statutory Construction Whether the promotional scheme is a lottery or a gift that violates the provisions of the Postal Law (Caltex v. Palomar) In the case at bar‚ there is no requirement in the rules that any fee be paid‚ any merchandise be bought‚ any service be rendered‚ or any value whatsoever be given
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THE LAW ON STATUTORY RAPE & AGE OF CONSENT IN CALIFORNIA MCKINLEY TURNER PROFESSOR TRUCCHI THE ELEMENTS OF THE CRIME OF STATUTORY RAPE: 1-That defendant had sexual intercourse with another person (any amount of penetration‚ regardless of how slight‚ constitutes sexual intercourse…even if there is no ejaculation). 2-That the persons involved in the act were not married to each other at the time (the fact that the minor is married to someone else or used to be married
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NAIROBI‚ SCHOOL OF LAW GPR 109: LEGAL SYSTEM AND METHOD LEGAL METHOD TAKE AWAY CAT NKARICHIA MUGAMBI DENNIS G34/3053/2013 Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of practice than legal rules. Outline the most common of these and give a brief commentary or explanation of the same. RULES OF LANGUAGE IN STATUTORY INTERPRETATION. The traditional common-law approach to statutory interpretation
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Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out. The interpretation may form a precedent for future cases. Statutory interpretation can become a problem due to: The complexity of the English language a word may have several meaning‚ which can lead
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Introduction Acts of Parliament (or statutes) are the form of primary legislation that is the law enacted by the Queen in Parliament (Keenan‚ Riches and Allen 2011‚ p. 15). In addition‚ legislation is one of the main sources of English law today. This essay is mainly about basic knowledge of primary legislation and my understanding of its superiority and limitations. This essay will introduce how an Act of Parliament is created‚ followed by disclosing the reasons. Next‚ it will explore the advantages
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According to the law statutory rape refers to having sexual relation with someone under the “age of consent.” People under the age of consent cannot legally agree to have sex‚ so having sex with them breaks the law. In most to all of the states they age of consent is usually 17‚ the rest is 18. However‚ if the couple are three years within each other and not younger than the age 14‚ then that wouldn’t be considered to be statutory rape. These laws were set into place to protect young people based
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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Law Making and Influences on Parliament Assignment 1 – Unit 2 – P2 How do Parliament create an act? Every act of Parliament begins as a Bill. A Bill is a draft law and will fall into one of three categories: Government (Public) Bills The most common form of bill. These are put forward by the parliamentary party in power. Gov’t policies are set out in the party manifesto‚ which in itself is a list of things that the party say they will do should they come into power. Bills based on these
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