Modern approach to statutory interpretation and puts the english legal system more in line with european countries and the eu disadvantages of the contextual approach include that it blurs the constitutional. Statutory interpretation, area of the law, principles of statutory, nterdependence, law and fact, practical distinction, legal system, essentially a gladiatorial, make litigation, less adversarial its legal system past. Critically discuss the extent to which judicial precedent shapes english law and how statutory interpretation contributes to such a process the english legal system is a common law system, where the decisions of sitting judges in a case have future influence over future courts. The english legal system is a common law system, where the decisions of sitting judges in a case have future influence over future courts judicial precedent binds judges by past decisions of higher courts, stare decisis, and they abide by them.
General rules of interpretation i) eiusdem generis rule eiusdem generis rule states that the general words mean the same kind of thing as specific words they followthe purposive approach is a more modern and flexible approach in english legal system. English law: an introduction the english legal system one of the major european legal systems – roman law being the other – english law has spread to many other countries, including former english colonies such as the canada, australia, and new zealand. This research guide is an introduction to the basic legal materials of modern english law guide to the nature, process, effect and interpretation of legislation, 9th ed (kd691 c73 2008) is a standard text on english statutes and statutory interpretation fiona cownie, et al, english legal system in context, 5th ed (kd7100 c69 2010. Statutory interpretation page 083 - chapter eight considering numerous aspects of the legal system an enactment consists of express words, though it is likely to have implied meanings as well while a in his book precedent in english law, sir rupert cross insisted that under the.
The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation many cases go to appeal on a point of interpretation, indeed, lord hailsham, a senior english judge, once said that “probably 9 out of 10 cases heard by the court of appeal and the house of lords turn upon or involve the meaning of words contained in. Q&a english legal system by gary slapper & david kelly (paperback edition) as law lecture: statutory interpretation (1) - duration: 20:29 duncan bunce 26,109 views 20:29. Statutory interpretation is the process by which courts interpret and apply legislationsome amount of interpretation is often necessary when a case involves a statutesometimes the words of a statute have a plain and straightforward meaning. Statutory interpretation introduction statutes historically comprised a small portion of the law in the english legal system joining living tradition, student experience activity being one of grasping language, learning knowledge claims or statements and focussed on the inns of england.
English legal system: literal rule (1) r v judge of the city of london court  1 qbd 273 explained the literal approach as if the words of an act are clear, you must follow them, even though they lead to a manifest absurdity. An outline of the english court system, the doctrine of precedent, and the rules of statutory interpretation request a free trial to access this resource and thousands more, register for a free, no-obligation trial of practical law. Upon successful completion of the english legal system module students will be awarded with 'the english legal system - certificate' sample answer - rules of statutory interpretation (outline only) quiz 1 - statutory rules of interpretation lesson 3(b) - statutory rules of interpretation.
In today’s episode we’re looking at how courts interpret legislation first, we’ll look at why courts must interpret legislation, and then go on to look at the different rules of construction and interpretation as well as looking at aids to interpretation. English law legal system history of the english legal system english law refers to the legal system of england and wales which is the also, the basis of common law in ireland and other commonwealth countries statutory interpretation statutory interpretation usually, refers to the process of interpreting legislation in the light of a. Model answer on rules of language and statutory interpretation free study resources for law students (aqa a level) including cases, analysis and links on the english legal system.
The purposive approach takes a broader approach than the mischief rule in that the court is not just looking to see what the gap was in the old law the judges are deciding what they believe parliament is trying to achieve – what is the purpose of the act. Statutory interpretation is the process of discerning the meaning of legislation, and us law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. Chapter 3 statutory interpretation 31 the literal rule when faced with a piece of legislation, the courts are required to interpret its meaning so.
Statutory interpretation and construction criminal,fiscal statute's interpretation and sub-ordinate legislationsbesides it contains the rules of interpretation and the role of judiciarycitations are in abundance the doctrine of binding precedent or stare decisis is basic to the english legal system,. This tutorial / lecture session in english legal system (also referred to as common law reasoning and institutions (clri)) provides an overview of the principles relating to statutory interpretation. According to bannion, ‘statutory interpretation’ means ‘an enactment whose legal meaning in relation to a particular factual situation falls to be determined’  in other words, statutory interpretation is the process by which the courts determine the meaning of a statutory provision in order to apply it to a particular situation.
Practice legal interpretation examine legal reasoning statutory interpretation: in fulfilling their task of applying the law to the facts before them, the courts frequently have to interpret (ie decide the meaning of) statutes. Revision notes on extrinsic aids and statutory interpretation free study resources for law students (llb degree) including cases, analysis and links on the english legal system. In recent years, changes to the english legal system have been extensive and the tenth edition has been comprehensively revised and updated to take these developments into account this new edition for 2009-10 includes material on important changes to the criminal justice system, statutory interpretation, the judiciary, changes in the fields of. This case concerned the interpretation of the abortion act 1967 which stated that a termination of pregnancy is only legal if performed by an registered medical practitioner, and it was argued whether nurses come under this term of ‘registered medical practitioners.