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Thursday, November 26, 2020 | History

2 edition of Methods of statutory interpretation in the House of Lords found in the catalog.

Methods of statutory interpretation in the House of Lords

Walter Norwood Leslie Harrison

Methods of statutory interpretation in the House of Lords

part 1.

by Walter Norwood Leslie Harrison

  • 221 Want to read
  • 31 Currently reading

Published in (Brisbane .
Written in English


Edition Notes

From The University of Queensland law journal, 2:4.

The Physical Object
Paginationp.p. 349-364
Number of Pages364
ID Numbers
Open LibraryOL20923902M


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Methods of statutory interpretation in the House of Lords by Walter Norwood Leslie Harrison Download PDF EPUB FB2

Statutory Interpretation and Overruling in the House of Lords By G. Maher, LL.B. (Glasgow), (Oxon.)* One of the factors which the House of Lords has given expression to in considering whether to use the power to depart from previous decisions of the House, as announced in the Practice Statement (Judicial Precedent) of ,1 is that cases raising only questions of statutory.

G. Maher, LL.B. (Glasgow), (Oxon.); Statutory Interpretation and Overruling in the House of Lords, Statute Law Review, Volume 2, Issue 2, 1 JulyP We use cookies to enhance your experience on our continuing to use our website, you are agreeing to our use of : G.

Maher. Statutory Interpretation - Fifth edition or the House of Lords involve the meaning of words contained in enactments of primary€ Statutory interpretation is very flexible, and there are no strict canons of interpretation The drafters of the Civil Code, Napoléon2 in particular,€ Bennion on Statutory Interpretation.

Statutory Interpretations is the process by which Judges interpret Acts of Parliament. 75% of cases heard by the House of Lords are concerned with statutory interpretation. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law.

This is the oldest approach to statutory interpretation and was set out in the Heydon’s case () The approach involves the judge taking several steps in order to reach an interpretation. First step-To consider the state of the common law before the act was passed.

Second step-To consider the mischief or shortcoming the act was intended to cover. Heydon's Case (), where it was said that for the true interpretation of a statute, four things have to be considered: 1.

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. T he law applicable to the facts of a dispute may be contained in an Act of Parliament, and knowing the law then involves interpreting a legislative text.

Unlike case law, where judges construct their own texts out of precedents (rationes decidendi), with statute law the texts are presented to ation may be described as law made deliberately in a set form by an authority, which the. statutory interpretation introduction: the legislature makes law.

statutes of law, also known as legislation, are the written laws of the united kingdom. they. Following the German scholar Friedrich Carl von Savigny () the four main interpretation methods are: Grammatical interpretation: using the literal meaning of the statutory text. Historical interpretation: using the legislative history, to reveal the intent of the legislator.

Try the new Google Books Get print book. No eBook available Statutory Interpretation. Rupert Cross, J. Bell doubt drafting effect enactment English evidence example exercise expressed fact favour force further give give effect given ground held House of Lords intention judges judicial language legislation legislature less limited.

In this case, the judicial system helps in interpreting legislation and clarifying its meaning. There are three methods of statutory interpretation: Lateral Rule, Golden Rule, and Mischief Rule.

These methods are discussed further in the paper. The Literal Rule. The literal rule requires giving ordinary or literal meaning to words used in the statute.

However, in many ways, modern statutory interpretation has become closer to common law method. By common law method, I mean the familiar process of extrapolation of underlying principles and values from disparate sources, with a view to. Parliamentary Debates in Statutory Interpretation: A Question of Admissibility or of Weight.

St6phane Beaulac” The exclusionary rule which prohibits references to parliamentary materials as an aid to statutory inter- pretation has been applied for decades in most common law jurisdictions.

The House of Lords handed down its fundamental decision in Pepper v. law method wins out. However, in many ways modern statutory interpretation has become closer to common law method.

By common law method I mean the familiar process of extrapolation of underlying principles and values from disparate sources, with a view to. The House of Lords held that the corrected date was the moment a civil servant had date-stamped the decision even though the letter was never sent, and the plaintiff did not know of the decision.

The Literal Rules implies that it must be applied even if the result is absurd, the judge dislike the statute and interpretation may inflict hardship.

A closer consideration of the simplest definitions of the rules of statutory interpretation enables the classification of the literal rule as the formalist approach and the mischief rule as the teleological approach.

The golden rule, of course, allows one to ignore the formalist approach of the literal rule. Introduction to statutory interpretation Statutory interpretation concerns the role of judges when trying to apply an Act of Parliament to an actual case.

The wording of the Act may seem to be clear when it is drafted and checked by Parliament, but it may become problematic in the future. 75% of cases heard by the house of lords are concerned. Statutory Interpretation is the method of interpreting these Acts.

Lord Hailsham said that probably as many as nine out of ten cases heard on appeal by the Court of Appeal and the House of Lords turn upon or involve the meaning of words contained in statutes or secondary legislation.

I will take each of the rules of interpretation and consider how each one works, providing examples of cases where they. The Methods of Statutory Interpretation Available to the Judiciary Introduction When the legislature passes law, the judiciary is tasked with interpreting and applying the statute to the facts and circumstances of the case to which the statute applies.1 Ultimately, the judiciary attempts to determine Parliament’s intention at the time of drafting and passing the relevant statute.

Statutory Interpretation. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively.

Legal method is an important area of study for two main reasons. First, it is important for the range of techniques that it can offer to break into legal texts, both primary and secondary.

Secondly, it exposes reasoning processes concerned with the theory and practise of law. The book deals in both the areas mentioned, and aims to deal with 5/5(1).

The book is both a self-contained study as well as an invaluable foundation for further study of law. It is divided into three parts: Ideas and Institutions, Case-Law and Precedent, and Statute Law and Statutory Interpretation. The underlying theme is how uncertainties arise within the.

On J our friends at Eagan published a brilliant and in some ways strange book that should be in every law library, since it is (as my headline says) the most important book on statutes this millennium: Reading Law, The Interpretation of Legal strangeness is due to the identity of its authors – the fiercely intelligent and challenging Justice Antonin Scalia the senior justice.

For all practitioners of law, a keen and informed understanding of the meaning and interpretation of legislation is the key to professional success. This Supplement to the Fourth Edition of Bennion's "Statutory Interpretation", which was published inaims to present the law as at 1 April The Supplement contains revisions and amendments to all parts of the Fourth includes, in Author: Francis A.R.

Bennion. However, the House of Lords decided that the Abortion Act was designed to prevent the mischief of back-street abortions. Hence, so long as the Doctors supervised induced abortions they would be within the statute and operating legally.

Statutory Interpretation in an Adversarial Process The second point to be made here is that the adversarial process is a less than ideal environment for producing optimal interpretations of statutes.

It is the chosen forum for settling disputes concerning legal meaning in our society—interpretations in any other circumstances are not binding.

In this case the House of Lords relied upon the underlying premise that Parliament intended a reasonable result. This can be said to be an example of the House of Lords legislating, which is rare in the case of taxing statutes.

Alternatively, it can be argued that the House of Lords was merely applying all of the rules of statutory interpreta. Download the opinion of Lord Fraser in the House of Lords Case of Mandla v Dowell Lee [] 2 ACor use a copy of the opinion from the print version of the case.

Answer the following questions based on your reading of that opinion, relating to the Court of Appeal and House of Lords law reports. statutes in court the history and theory of statutory interpretation Posted By Roger Hargreaves Publishing TEXT ID ab3c7 Online PDF Ebook Epub Library william d in statutes in court william d popkin provides an indispensable survey of the history of american statutory interpretation and then offers his own theory of.

Rules of statutory interpretation The general approach of the courts is that in the interpretation of an Act effect must be given to language of the Act. As it was said in Lopez case, if the words of the Act are unambiguous and clear, then they must be obeyed however absurd the result may be for otherwise the court would be legislating instead.

Before Pepper v Hart it was generally thought that Hansard could not be referred to as an aid to interpretation of statutes. In Pepper v Hart, the House of Lords were of the opinion that Hansard could be referred to in rare cases if.

the legislation that is the object of the statutory interpretation is ambiguous, obscure or leads to absurdity; the document relied on relates to statements by. A government bill may be introduced in either the House of Commons or the House of Lords, but once it has passed through one house it must then go through the same stages in the other.

For example, if a statute refers to “children’s books, Aids to statutory interpretation. The Role of Statutory Interpretation The courts must ascertain the meaning of a statute in order to apply it.

Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their.

the theory and practice of statutory interpretation Posted By Ry?tar. Shiba Public Library TEXT ID edfd Online PDF Ebook Epub Library a rational congress of politicians download citation the theory and practice of statutory interpretation today.

-The term was doubted, and so the House of Lords set out how interpretation was to take place. Lord Hoffman: The aim of interpretation is to ascertain the meaning the document would convey to a reasonable person having all background knowledge reasonably available to the parties at the time of contracting, but excluding previous negotiations.

Issue as to better method to be used as there is huge preference for European methods of interpretation due to broad understanding and balance is achieved on how the methods of interpretation are to be used.

House of Lords in Buchanan v Babco, ecparte Spath Holmes Ltd and other cases shows that even there are new method developing in the UK, it. The Practice Statement authorises the Supreme court (formerly the House of Lords) to depart from previous decisions whereas precedents are still binding for lower courts.

In correlation with the Doctrine of Precedent a, specifically, ethic discussion has arisen during the case of Airedale NHS Trust V. But many judges in the House of Lords have criticized Lord Denning's view saying, if a gap is disclosed the remedy lies in an amending Act and if Parliament do say one thing but mean another it is not in the judges interest to correct it.

It would be helpful if there was one specific method of statutory interpretation that was always used. External aids of interpretation such as modern textbooks, and since the House of Lords decision Pepper v.

Hart, [64] parliamentary materials are admitted. In fact, English courts now seem to prefer the so-called purposive approach to statutory construction. Statutory Interpretation The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case.

Does the House of Lords bind itself? -- Does the Court of Appeal bind itself? -- Does the High Court bind itself? -- Precedent as a vehicle for law reform -- Precedent and principles in the European Court of Justice -- An introduction to statute law and statutory interpretation -- Statutory drafting -- he interpretation of law is a complex matter.

In the United Kingdom, the desideratum in regard to statutory interpretation is for the courts to discern Parliament’s intent. The House of Lords in Maunsell v.

Olins ([] A.C. ) approved a “unified contextual approach” (a` la Cross) that prioritizes a contex.Sweet v Parsley was an English criminal law case where the defendant landlady of a farmhouse (which was let to students and which she visited infrequently) was charged under a Act "of having been concerned in the management of premises used for smoking cannabis".

Even though she had neither knowledge of nor privity with the offence, it took place on her property and at first instance she.