Modern approach to statutory interpretation . These comments highlight one issue with the purposive approach. The Purposive Approach Advantages: The purposive approach gives judges more discretion than simply using the literal meanings of the words. 3 0. Academic year. while parliament claims to be the sole domestic law maker, its powers are . Some scholars may argue that the literal rule and golden rule have been cast aside. Statutory Interpretation Statutory interpretation is a method used by courts to interpret and apply legislation. Lord Simmons called this approach ‘a naked usurpation of the legislative function under the thin disguise of interpretation’. Module. Helpful? The judge will reason with either the language used within the statute, and, or, the way in which the statute is applied to the facts of the case. What do these differences in approach tell you about the process of statutory interpretation? At a surface level, when supplied with the information regarding the case of Billy Tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. Uploaded by. Please sign … If the purposive approach had been used in Whiteley v Chappell then it is likely that the D would have been found guilty as Parliament's purpose was surely to prevent people voting in another person's name. statutory interpretation in english legal system, the progress in shared two bodies. He went on to say that ‘if a gap is disclosed, the remedy lies in an amending Act’. University. The meaning of the law in these statutes should be clear and explicit but this is not always achieved. The Act requires that: s15AA: the purposive approach should be used where there is an ambiguity. Foundations of Law: Statutory Interpretation Essay Q 2. Many statutes are passed by parliament each year. Share. University of London. Comments. Faria Maisha. However the reality is not simple, the flawed rules of statutory interpretation such as the literal rule and golden rule have not been cast … Read More» When judges are to make a decision over a case in court, it is their duty to interpret the statute that governs the issues raised in the case.

Statutory Interpretation. LLB. It is necessary for legislations to have rules as in some cases, words have more than one meaning. The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Sign in Register; Hide. These rules help define these meanings and assist courts interpreting alleged breaches (Subhyanka Rao 2014). 2018/2019. The the Acts Interpretation Act 1901 (Cth) now governs statutory interpretations, overruling the traditional approaches.

Essay on statutory interpretation. Statutory interpretation Statutory Interpretation.

The purposive approach is now regarded as the predominant approach to statutory interpretation in the UK.

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