Interpretation of Statutes - PDF
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Added on 2021-01-02
Interpretation of Statutes - PDF
Added on 2021-01-02
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Interpretation of Statutes
TABLE OF CONTENTSINTRODUCTION.........................................................................................................................1TASK 1 .......................................................................................................................................1Discussing law making stages which can be accomplished through legal draftsmen and bydelegated legislation ...............................................................................................................1TASK 2 .......................................................................................................................................3Discussing the provisions of Interpretation Act 1978 of UK and Interpretation Ordinance of SriLanka in relation to repeal and revival of statutes....................................................................3TASK 3........................................................................................................................................5Discussing different aids in interpretation of statutes...............................................................5TASK 4 .......................................................................................................................................6Presumption against ousting the established jurisdiction of courts..........................................6Presumption against retrospective legislation..........................................................................7CONCLUSION.............................................................................................................................7REFERENCES............................................................................................................................8
INTRODUCTIONInterpretation of statute is the skill and art of understanding the right sense of enactedwords used in the law. Finding out the true sense of enacted laws justifies the principles andprovisions made under it. The present report will cover statute making process, preliminaryprovisions, basic rules of interpretation (Appleby, 2016). The assignment will also highlight aidsof finding sources for construction of statute and maximums and presumptions of interpretationlaws enacted in the country or state. TASK 1 Discussing law making stages which can be accomplished through legaldraftsmen and by delegated legislation Establishment and enactment of a law involve different stages in which legal draftsmenand delegated legislation plays a crucial role for its accomplishment. Parliament of the countryhas been handled the responsibility of forming and drafting legislation in Sri Lanka (Cyrul,2017). The process starts with :A government representative belong to representative house sponsoring a bill inassemblies and sessions by placing the bill in House of Chamber. The bill is duly signedby representative to which a bill number is assigned by clerk and is referred tocommittee that reviews it.House of Representative has created permanent committees to which these bills areassigned. Hearing sessions are involved in this stage for understanding the perceptionsand views of parties that are interested. Amendments and suggestions are put up here,which the committee members can accept or reject by giving votes.Acceptance of bill by committee along with amendments is reported and is assigned newnumber to clean bill.The debate sessions are held afterwards at house floor for further approval byprescribed authority. Additional amendment are proposed by members of parliament foraltering bill. Voting is then done by House members.The bill must be passed by in the parliament before it is presented to President of thecountry.When the bill passed by assembly and parliament, it is termed as enrolled which isfinally sent to the president of state. The president the signs bill for terming it as lawenacted in country.Legal draftsman : Legal draftsman is a person who performs the activity of putting upsuggested law or a new law in the most precise manner including correct words. Thesedraftsmen play a significant role in accomplishment of law making process. The main purpose of drafter is to ensure that words used in law by him or legaldraftsman department of ministry entails the exact objective of the proposed bill. Thedepartment focuses on putting corrects in proposed bills for making it capable of being enactedin country. It also performs the task of drafting all amendments made in existing laws inaccordance with legislation demands which do not override the objectives of country'sconstitution. It also advises government, different ministries, statutory bodies etc., regardingformation of bills and ancillary legislation.Therefore, it can be concluded that legal draftsman helps in proper accomplishment ofbill for being consider as an enacted law in constitution (Gluck, O'Connell and Po, 2015). Delegated legislation : It is the secondary or subordinate legislation or law created byprimary legislation of country by delegating them powers. The aim of this legislation is to assistprimary legislation in administering the requirements of primary legislation body. This has beendone for providing relief to primary body for focussing their time forming critical polices and1
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