This paper discusses the Congressional Judicial relations in terms of discussing the statutory and constitutional interpretations with their explanation. We have seen how the courts and the Congress play its role in implementing the statute and laws that can result in an effective system of the implementation of judiciary. Lastly the Congressional checks on Judiciary suggest that the Congress plays its role in keep the judicial [proceedings under careful monitoring.
Table of Contents
Statutory Interpretation1
Definition1
Discussion1
Explanation2
Sources3
Constitutional Interpretation5
Definition5
Explanation6
Sources6
Role of Congress and the Court7
Sources8
Congressional checks on the Judiciary9
Sources9
Works Cited10
Congressional-Judicial Relations
Statutory Interpretation
Definition
Statutory interpretation is a supervisory process that looks at a statute or bill and assesses its applicability. A statute imposes certain obligations on people, which might have certain confusions and uncertainties. Through the Statutory Interpretation, we interpret or resolve those uncertainties so that the statutes may be implemented without any loopholes.
Discussion
Statutory interpretation is an important aspect of interpreting complex laws and bills which might not contain simple words and terminologies. Statutory interpretation makes these laws easy to decipher and convenient to apply (Bob, p. 200). These interpretations are not only meant for simplifying the language of the statutes but also provide for the following uncertainties within the legislation:
Words of the statute may be ambiguous or their meanings may change over time.
There may be certain unforeseen situations that make use of cultural trends and technological advancements that often cause their difficulty in their applications
The enactment of the law may contain certain uncertainties that need to be analyzed before the correct implementation of the legislation is rendered complex and inapplicable.
Statutory interpretations take the form of a statutory construction through which these laws should be enforced (Ruth, p. 1). The statutory construction is based on the tenet that the stature is a primary component in the context of an interpretation and the language of the law is of primary importance so as to make in enforceable. The court is merely an interpreter of the law and can make significant changes in its application by adopting a structured construction of the law (Bobbitt, p. 156-178).
In the year 1978, the Parliament passed an Interpretation Act according to which, the court, to its discretion, can have the laws and statutes interpreted as per the requirements. This Act set out some general rules for this interpretation so that this interpretation takes an organized form and makes it easy for the court to enforce laws and bylaws. These rules are specifically categorized as the Literal Rule, the Golden Rule and the Mischief Rule. According to the nature of the statute, it is up to the judge which rule he applies to interpret the statute (Jeremy, p. 101-133). In addition to this, there are some common guidelines for the courts, known as canons of construction that simplifies the process of interpreting the laws. That is to say, canons are general principles, many of them of the common-sense variety, for drawing inferences about the meaning of language.
Explanation
The rules that underlie the interpretation of statutes first and most primarily, deals with ...