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Evaluate the Different Approaches to Statutory Interpretation.

   

Added on  2022-09-28

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Evaluate the different approaches to statutory interpretation
Statutory interpretation mean to the methods that are used to interpret
the words of statute law. This is a significant issue because different
methods can determine/judge someone's guilty or acquittal in the court
case.
For literal approach, judges will use the words simple, literal meaning and
regardless of outcome to make judgements. That is unfair and loss its
effectiveness if a guilty defendant be acquitted since the judge use the
literal approach, although the law will easier to be follow and lead people
and juries to a consistent approach.
However, there are some flaws. The flaws of literal approach is shown in
the following cases, Whiteley v Chappell and LNER v Berriman.
In Whiteley v Chappell, the defendant should be found guilty because he
voted twice by using a dead person identity and the defendent's. Even so,
the statute claim that 'personate any person entitled(have a right) to
vote'. As the dead person can not vote, the defendant was acquitted.
In LNER v Berriman, railway worker died while he was maintaining railway
works in a railway line. His widow tried to claim compensation, while she
can not because the judges through literal approach, judges pointed out
the statute words 'replaying' and repairing' with a different of the railway
worker accident. The case was judged as an accident. Then, his widow
could not get compensation.
Evaluate the Different Approaches to Statutory Interpretation._1

Since literal approach principle is going to get a clear meaning of words
before final judge, that can sometimes inhumane if the statute is not
consider to the real circumstance.
Evaluate the Different Approaches to Statutory Interpretation._2

For golden approach, judges have more power to make moral decisions in
courts. Golden approach be defined as the judges are able to
choose the better meaning to prevent unreasonable interpretation of
statute, or to make a moral judgment to reject a repugnant outcome by
changing some statute words to protect the social safety in the case. On
the other hand, that is controversial and lack of clarity as well.
By looking at the case, Re Sigsworth, that a son killed his mother, the
estate will transfer to her direct child theoretically since she did not make
a will. There was no ambiguity in the words of the Act. If judges followed
the literal approach her son can get the estate after he leave prison.
Simultaneously, the wrong social phenomenon or atmosphere may form.
The golden approach except in limited situation, where there is a problem
with using literal approach. Judges try to rephrase the intention to a
positive moral way. They tried to keep it be moral and kept on follow the
statutes, and do not encourage citizens done the same things because it
is not beneficial. Although it seems provide a huge jurisdiction, it got a
moral result especially criminal case is occurred.
Evaluate the Different Approaches to Statutory Interpretation._3

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