Legisilation/ Statute

Question 1

Outline statute

Answer 1

Statutory laws are enacted by the gov or other authorised bodies through the process of legislation

In the UK primary legislation is parliament & secondary legislation is referred to as regulations/ orders

Question 2

Outline the need for statutory interpretation

Answer 2

Legislation requires interpretation as rules difficult to understand

Therefore the courts developed basic principles of statutory interpretation to include statutory aids & rules (to provide clarity of meaning in court)

These principles are unique as they aren’t found in any statute because they are developed from the decision of the court.

Question 3

Describe the rules of statutory interpretation

Answer 3

The Literal Rule
-give words there plan, ordinary, literal meaning

The Golden Rule

• if there is more than one meaning of the same word, choose one with least absurd result
• statute should be considered to avoid absurdity / contradiction within itself, therefore the judge can depart from literally meaning in this case

The Mischief Rule

• Statute should be interpreted with regard to the true intent of its makers
• Judges should consider ;
• law before Act was passed
• what the act was trying to remedy
• what remedy parliament was trying to provide
• this requires a judge to interpret the legislation in manner that promotes the general aims and purposes of legislation
• look into spirit of law rather than Letter of the law

Contextual Law

• words should be interpreted in context / in relation to the case
• purpose of statute should be considered when interpreting words in it

Question 4

Outline the Advantages & Disadvantages of Legislation

Answer 4

Advantages

• addresses any issue
• carefully written /prescribed
• can be interpreted
• widely available/ accessible to public
• precedent not required/ fair outcome ?

Disadvantage

• inflexible
• voluminous
• time duration to draft & write limited
• language & interpretation barriers
• statute can take long time to amend if becomes out of date or no longer fits purpose due to lack of resources & scrutiny process
• statement of general rules/ cannot anticipate every individual cases that can arise