The process by whereby judges depute meanings to words in a statute
in nine to apply the relevant statute to a case to pass off a decision.
There are two approaches: Literal and Purposive.
The substantial approach is where the words are given their plain,
ordinary and grammatical meanings.
The purposive approach is when the judge looks at the intentions of
parliament.
Aids visible(prenominal):
There are two types of aids available for statutory interpretation,
they are Internal aids, which are included deep down the act, or External
aids that are not included within the act.
INTERNAL AIDS
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These are most likely to be used when the substantial or easy rules are
macrocosm applied, but might also be useful in finding the intent of the
act.
These parts of the act ass be used so long as they do not conflict
with the clear enacting words of a statute:
* preface (often found in old statutes, mountain out what acts must
do; private acts must have them)
* Long ennoble (sets out the aim of the Act)
* Short Title
* Definitions section (helps with the literal approach, as words are
given their meaning)
Punctuation is disregarded, as it was not originally used.
EXTERNAL AIDS
=============
These are largely used by judges trying to find the purpose of the act.
The following have been traditionally used:
* Historical setting
* Other statutes
* Textbooks
* Previous practice in the field cover by the statute
* Treaties and international obligations
* Subordinate legislation
* Dictionaries (used for the golden and literal rules)
* Reports made by the law reform agencies can be used. (since
Black-Clawson 1975, where H/L said official reports foregoing the
statute can be considered as evidence of the pre-existent state of
law and the mischief that the legislation was intended to push-down store
with.
* Hansard can now be used after pepper v...If you want to get a full essay, order it on our website: Orderessay
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