How does a judge interpret a statute?

The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning.

What are the three main rules of statutory interpretation?

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

Why do judges need to interpret statutes?

When judges are interpreting statutes their aim is to give meaning to a disputed point of legislation as to show what Parliament appears to have intended called interpretation.

What is the role of judges with respect to statute law?

Except when the judge is required to declare that the legislature has passed beyond constitutional limits, the constitutional role of the judge with respect to statutes is, in brief, to apply its provisions to the case at hand and, where necessary, to interpret them to disclose their meaning.

What is the Pepper v Hart rule?

Following the decision in Pepper v Hart [1993] AC 593, if primary legislation is ambiguous or obscure the courts may in certain circumstances take account of statements made in Parliament by Ministers or other promoters of a Bill in construing that legislation.

What are the common law rules of statutory interpretation?

The modern approach to statutory interpretation This means that context is considered in the first instance (not only where there is ambiguity in the meaning of the words used), and consideration is given to the statute as a whole, the existing state of the law, and the purpose of the statute.

How can an ambiguity in a statute be removed?

When the language of a law is ambiguous, the rules of statutory interpretation must be applied in order to remove such ambiguity so as to uncover the true meaning of the text. If this is not possible, the statute is consequently considered defective.

What is a golden rule approach of statutory interpretation?

Golden Rule: According to the golden rule, the courts were to interpret legislation in a manner which avoided an obvious absurdity, ambiguity or inconsistency from using the Literal Rule. Obvious printing mistakes or simple slips were set aside and the courts read legislation as if these errors were not there.

How do you remove a biased judge?

1. California Code of Civil Procedure 170.1 CCP states that a party to a civil or criminal case can try to remove a judge “for cause.”
2. A “peremptory” challenge means that a party can file a motion to recuse and try to remove a judge on the basis that he/she is biased.
3. Contact us for help.

What is the difference between statute and court made law?

The wording of statutes is much more specific than that of administrative regulations. False The legislature in England existed long before there was a well developed system of courts. True Court made law is also sometimes referred to as the common law.

Can an individual statute explain every situation under the law?

An individual statute, which can be as short as just a sentence, can’t possibly explain the ins and outs of every situation that might be covered by the statute. For example, let’s imagine that there is a dog owner who knows that her dog has the propensity to bite because the dog has bitten her once before.

What happens if a court interprets a statute that is unconstitutional?

True If a court interprets a statute in a way that the legislature did not intend, the legislature can amend the statute to more clearly state its intent. True The court, and not the legislature, has the final say on when a statute is unconstitutional.

How should a statute be read?

In this pursuit, the Court follows the principle that a statute be read as a harmonious whole whenever reasonable, with separate parts being interpreted within their broader statutory context. Still, the meaning of statutory language is not always evident.