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English legal systems andskills
ContentsINTRODUCTION...........................................................................................................................1QUESTION 1..................................................................................................................................1Explanation of rules of statutory interpretation...........................................................................1Significance of case law..............................................................................................................5Assessment whether purposive approach to statutory interpretation consigned to rules ofinterpretation................................................................................................................................6QUESTION 2..................................................................................................................................6Methods of interpretation used in give case scenario..................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................9
INTRODUCTIONIn this present era, law and legal system has its own significance in smooth operations ofa country. It is necessary to have a regulator eye check on current systems and procedures. In thisreport, various aspects of English Legal system and skills are discussed (Abbott, 2014). Also, itcan be as aid that there are several rules of interpretation which can be considered as animportant part of legislation. In addition to this, significance of these rules in context of statutoryinterpretation is also mentioned. Furthermore, these rules are related to purposive approach tostatutory approach. Considering this, explanation of various rules such as Golden rule, Mischiefrule and literal rule is also given effect. QUESTION 1Explanation of rules of statutory interpretationStatutory interpretation is a procedure laid down in English system, which involvesinterpretation and application of legislation, by courts. It is often considered as a vital componentin case which involves statute in it (Anderson, 2010). In other words, interpretation of statutes isdeliberated as a vital concept, as there can be so me confusions and vagueness in words of astatute. So, it is necessary to interpret and deduce those words and phrases to a simple and directmeaning. This process is known as Statutory Interpretation. In addition to this, once laws and legislations which has been framed by Parliament, then,courts are under legal obligation to interpret a statute in a specified case. It can lead to variouscomplexities and ambiguity while deducing it in normal and familiar words (Buckley andCasson, 2010). So, considering tis, The Interpretation Act, 1978 has been introduced with a viewpoint to render basic explanations which will help a person to understand the real meaningbehind legal statutes. In this context there are three rules which have been framed to rendereffectiveness while process of interpreting statutes is: The literal rule.The Golden rule.The Mischief rule. However, these concepts are classified as rules, but they are not binding upon strictly.Beside this, it can be said that it is the duty of judiciary to interpret the way in which legislationcan be applicable in a particular case, as it is not necessary that all legislations have been framed1
in a clear manner (Elliott and Gresham, 2013). So, there can be some uncertainties, which affectinterpretation of statues. In this light, major suspicions can be occurred due to many reasons,which can be classified as follows:For purpose of communication of intention, words are considered as an imperfectsymbol. Situations which are unforeseen in nature are inevitable and new technologies along withcultures are held responsible to make presentation of existing laws problematic.It can also be said that uncertainties and doubts are added to statute during the period ofenactment. So, it is a legal duty implied on court to determine a way in which a statute is enforced.This creates a requirement of statutory construction. Statutory interpretation literally means orrefers to a practice in which court prefers statute and interprets what it actually means. So, in theend it can be considered as a procedure which involves to resolving those confusions anddifficulties in a words of statute and also tells appropriate methods in which law will be impliedin a particular or specified case. There are 3 rules of interpretation which can be classified as follows:The Literal Rule: This is a concept which can be considered to be applied at a prior statebefore any of other rules of interpretation (Foxon, Hammond and Pearson, 2010). TheLiteral rule depicts the meaning in accordance of which, words of statutes are providedwith their exact, literal and natural meaning. Along with this, as per cited rule, thesestates of words are applicable without having a look on statue framed in regard to aparticular respective theme. In accordance with a given case law of “R v Harris(1836) 7C & P 446”, defendant’s conviction was quashed. In this case, defendant bit off nose ofvictim. It was being considered as an offence, but as per literal rule, court said an act ofbiting does not constitute a meaning within wound or stab, so conviction of defendantwas cancelledVarious advantages and disadvantages are also associated with literal rule of meaning. Itcan be considered as:Advantages:The major advantage of Literal rule of interpretation is that it is responsible forcarrying out legal intentions of Parliament. Through this, restriction on unelected and2
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