Methods of Interpreting the Will of Parliament

This document discusses the role of judges in interpreting the will of Parliament and the methods they can use to reflect it. It explores the literal approach, purposive approach, mischief rule, and other rules of interpretation. The document also examines which method most closely reflects the will of Parliament and why.

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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Within the separation of powers concept, it is the role of judges to interpret the ‘will of
Parliament’ as the elected legislative power................................................................................3
What methods can judge use to assist them to best reflect the will of parliament both in their
interpretation and in the internal and external aids they can employ?........................................5
In relation to their interpretation, what methods do you think most closely reflects the will of
Parliament and why?....................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Legal system can be defined as rules and regulation which are formed by legislative body
for the purpose of maintaining peace and silence. It needs to be understand that any of the laws
and regulation which are formed by legislative is to be followed and breach of law can create
serious nature of problem for defaulter. In context of UK, all of the laws are enforced by
Parliament which is known as the supreme body of the country. In context of the file, first
question has been selected which is relate with statutory interpretation. In this interpretation,
there will be number of question which will be addressed. Firstly. role of judges to interpret the
will of parliament along with it some of the effective methods will be provided which can allow
them to reflect the best form of will of Parliament. Finally, the closest methods which reflects
the will of parliament will be mentioned including its justification.
MAIN BODY
Within the separation of powers concept, it is the role of judges to interpret the ‘will of
Parliament’ as the elected legislative power.
In any of the nation, there is a huge role of legislation, judiciary and executive because all of this
bodies simply allows the government to form effect laws and regulation through which nation
can perform in any of the situation. Different bodies have been assigned different types of roles
and responsibility which they must perform and if in any of the situation those bodies fails to
perform their part of work then huge problem can be created (Baber and et. al.., 2016). In context
of judiciary body, they have the role to ensure that all of the laws and regulation are being
followed by each of the individual and if person fails to follow them then legal charges are
imposed as a part of penalty.
Legislative body is the body which has the role to form laws and regulation within the
nation and all of those laws are needs to be passed from the body of parliament. Although,
legislation, executive and judiciary are three different body but all of them works in the favour of
laws and policies. In judiciary body, the power to interpret the law is given to judges who needs
to identify whether laws are being followed or not. In order to check respective process, judges
need to work on the will of parliament which is means laws which has been derived by them.
The power to judiciary body has been also provided by will of parliament which means that

every set of action which are taken by judges are based on Legislation and they need to work
according to the guidelines.
On a daily basis new law is to be passed where they are needed to be executed as well in
which regular update needs to be taken for identifying whether law is effective or not. Concept
of separation of power means the procedure where government gives power to different bodies
so that chances of errors can be reduced (Chen and et. al., 2016). The main purpose for judges to
interpret the will of Parliament because they are the main body which deals with number of cases
and situation on a daily basis. If judges will be able to understand that rules made by legislative
body, then they can easily allow themselves to declare their decision with the court which is very
much important for any of the nation. The role of interpretation will also allow the judges to
identify whether laws which has been enforced are effective or not and whether any of the
changes are required in it not because slight weakness may create huge problem for different law
forming and executing bodies. If judges will be able to interpret the will of Parliament in
effective manner, then they can easily identify whether laws and regulation which has been
formed are effective or not and if not what are the changes which must be done in future time
period so the defaulter parties will not be able to commit any of the civil or criminal default.
All of the power is being is being provided to judiciary body or judges is being provided
through legislative body i.e., from house of parliament so it is necessary to ensure that judges
perform their part of work in specific manner so that goals and target can be accomplished. The
main purpose of judges to interpret the will of parliament is just to provide justice to the law
because there are number people who do not follow rules and regulation and in this respective
situation judges can impose the penalty by looking at the default done by the defaulter (Islam and
Rahman, 2016). If judges will be able to interpret it in systematic manner, then there is high
probability that effective result can be obtained which is very much important in current
scenario. Even judges can easily set the example in front of the people that what can be the
consequences if any of the person fails to follow proper rules and regulation which has been
enforced by the legislative body of a government (Krámský, 2019). If there are some of the
situation where effective result cannot be obtained at a practical ground, then power is also given
to judges by House of Parliament where they ca bring amendment or pass new law through
which weaker side can be made stronger for obtained favourable decision.

What methods can judge use to assist them to best reflect the will of parliament both in their
interpretation and in the internal and external aids they can employ?
In any of the nation, there is the huge role and responsibility of judges because they are
one who needs to interpret the laws and regulation which has been enforced by Parliament of
UK. In any of the situation, it is necessary for judges to ensure that they able to interpret the law
in effective manner because that is the only way through which desire result ca be obtained and
if in case they fail to do so then huge problem may occur in future time period. There are some
of the methods that judges can use for assisting them to reflect the will of parliament.
The literal approach: It is one of the most crucial way of interpretation of the law
where judges are required to interpret the law in best possible manner (Pound, 2016). In this
types of interpretation, judges are not required to focus on any of the outside area as it covers
only limited area for doing interpretation. This types of approach are very much important within
English Legal System which allows the judges to find out the best possible solution if any of the
problem arises.
The purposive approach: The purposive approach refuses the restriction including its
search for knowledge by the judiciary to a simple interpretation of statutory terms themselves.
This implies that now the jury's interpretative position would have to include, where possible, the
right to reach well beyond context of law in search of the purpose because of its implementation,
and that language must be read in view of that intent and also in order to be entitled to that
intention. This involves creative in indicative of legal systems, whereby policy sets out basic
concepts while particulars are filled in by judges (Ahmad and Laroche, 2017). Even though EU
law laws and regulations is signed in this way, its comprehensive impact can be evaluated only
by means of a purposeful observation strategy.
In present scenario there are number of other rules as well through which interpretation of
law can be done which can be helpful for the judges of court who has the responsibility to take
some of the important decision within the premises of court. In order to declare some of the
favorable decision, there are some of the additional rule as well which can be helpful for the
judges of court. In order to understand the concept of those rules detail description of the rules
has been mentioned below:

The mischief rule: Among different types of rules of interpretation of law, mischief rule
is the most flexible one but there is certain restriction as well in this respective rule due to which
sometime issues may also occurs for judiciary body to interpret the law. From its conventional
interpretation, however, it's also limited with the use of preceding common law principles to
make a decision which relates with functioning of contemporary legislation.
The Literal Rule: This types of rules focuses that judges must be able to interpret the
accurate meaning of the law rather than making any of the assumptions. All of the decision, this
types of rule are to be given on the basis of law and its specific penalty (Clark, 2017). For
example: IF any of the person fails to file annual tax return file on given time period then fix
amount of £20 will charged. It is necessary to understand that judiciary body must not declare
any of the of their own and even common law is also not applicable in this specific situation.
The Golden rule: It is the rule which is can be applied only in those particular situation
where desire outcome has been not obtained after applying literal rule. In this respective rule,
role of judges increases automatically where they have to take aggressive decision that how best
possible decision can be obtained with the case through which issues can also be resolved
(Goodman, 2019).
These are some of the rules which can be applied by the judges in order to declare any of
the decision but it becomes crucial for them to apply those rule which must be fitted to the
situation so that right judgement can be given.
In relation to their interpretation, what methods do you think most closely reflects the will of
Parliament and why?
As per the discussion made in above question, it can be understood that judges have the
opportunity to apply different rule as per the situation so that right decision can be declared. The
thing which any of the judges must know that how rule is to be applied because it is the only way
through which they can obtain effective result (Kageyama, 2017). From the above interpretation,
it can be said that mischief rule is very much crucial because of the nature it holds. In this
particular rules judges get more flexibility to declare any of the result which is essential in find
out the best solution. The interpretation within this respective rule is quite easy as compared to
other rules which can be used by judiciary body.

In current scenario, there are different types of cases which come across and it becomes
essential for any of the judges to understand that if they are willing to find out the suitable result
according to the case then in judges have the opportunity to go in detail of the case. This types of
flexibility in the case always allows the judges to declare favourable decision through which best
possible solution can be obtained (Liang, Choi and Joppe, 2018). This rules reflects the will of
Parliament because this rule simply says that law must be followed and if laws are breached by
any of the person then in that condition they are to be punished. So, it becomes essential for any
of the judges to identify the main cause behind the case which is even focused by the will of
parliament. Even this can result in best situation. Will of Parliament says that if there are any of
the weaker side within the laws and policies then those must be covered which can be done
through this particular rule. It is because judges get the power to declare their decision by
passing new laws under common law which means that chances of obtaining the suitable result
increased in it which is very much important within any of the case. At the same time, this types
of flexibility are not provided within any of the other style of resolving the case which means
that every time it is not sure that favourable decision will be obtained through other rule which
has been derived by Will of Parliament (Dijkstra and et. al. 2019).
CONCLUSION
From the above discussion, it can be concluded that any of the person must follow rules and
regulation which are enforced by parliament. The three main body of government i.e.,
Legislation, executive and Judiciary have equal important which works for maintaining the rules
and regulation of the nation. There are different types of rules which can be helpful for the
judges to interpret the laws and regulation through which favourable decision can be declared.
Among different type of rules made by Will of Parliament, Mischief rule is the most flexible one.

REFERENCES
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