STATUTORY LEGISLATION

What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation? How do judicial principles of statutory interpretation engage with these interpretive powers?



What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation? How do judicial principles of statutory interpretation engage with these interpretive powers?

Introduction

Constitutional interpretation, is the assessment, statement or determination of the meaning, scope, extent or meaning of the provisions that make up the country's highest order. It is the Constitution the principle of supremacy that is covered is extended to the interpretation of his commandments. It prevails over the interpretation of any provisions pertaining to ordinary legal standards or secondary, in the event. There is disappointment, conflict or contradiction between them, farm (Riches & Allen 2011, p. 41).

Discussion

Statutory interpretation Legislations and legal documents are often complex and confusing, so the Legislators always try to be clear and precise on what they are trying to convey. Court often has to take a lot time to determine the meaning of a statute. For the purpose, Courts have to carry out an exercise for statutory interpretation. This achieved by the help of rules and legislations that assist the court in interpreting these legislations. Its importance, interpretation considered an art, not another law.

Use of Statutory interpretation It is a fact that, it is very difficult to interpret and understand legislations for Practitioners, students and all the concerned parties. Legislation sometimes appears to be very narrow or insufficient properly explain a situation. Moreover, Language is also one significant issue faced during interpretation. These problems arise interpretation of Legislation and Law sometimes requires a judge to explain legislation (Foucault, M, 2007, p. 12). Legislators are the ones who provide interpretation to different laws and legislation. Judge can only implement the law and cannot create any new law. Confusion arises due to poorly drafted laws and acts. In this case, the court will require reading, analyzing and interpreting the law. This problem had occurred during the case of Adler v George in 2004, where a poorly drafted Act “Official Secrets Act 1920” created problems.

The Literal Rule

In a Literal Rule, court will first analyze the common understanding of a certain situation in accordance to the definition provided in Law. When there is nothing more than a definition, it is given for a problem than the court should go for the original meaning of the word and act according to the liberal meaning of the words. Literal Rule is a straightforward process, but often it gives inconclusive and ambiguous results. An example for the implementation of this rule could include the rule given by Fatal Accident Act 1864. It grants a right to railway workers to get compensation, which was killed during the course of work when they were either repairing tracks or relaying it. Those who got killed during their maintenance work would not be compensated according to Liberal Rule (Hunt, ...