Rules of Statutory Interpretation Essay Example | Topics and Well Written Essays - 2250 words

Rules of Statutory Interpretation - Essay Example In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons. The use of rules and approaches in statutory interpretation is necessary because of the following reasons: more often than not, words have more than one meaning; errors of omission or commission may have been committed during the drafting if the statute; words can prove to be imperfect means of communication; and, society may experience new developments that may render some words in the statute out-of-date since they can no longer cover contemporary situations.2 Rules and approaches to statutory interpretations have been developed by the judges; the Interpretation Act of 1978 provides basic definitions which are necessary during statutory interpretations.3 As a matter of fact, the main function of the courts is to interpret the Acts of Parliament; they have the role of attempting to establish the Parliament’s intention in passing of a particular Act and make a decision based on that intention. However, there is a view among legal scholars and practitioners that the rules and approaches that apply to statutory interpretation give too much latitude to the courts, and there seem to be no underpinning principles.4 It is in the light of this that this paper will focus on the rules and approaches that apply to statutory interpretation and discuss the validity of this view. In addition, it will consider the influence of the European Law in regard to this topic. As has been noted, the courts use rules and approaches in interpreting statutes. Conventionally, the judge will perform the following tasks during statutory interpretations: consider the legislative intent of the statute, objective meaning of the appropriate text, the traditional canons of the statutory interpretation, and the general purposes and policies behind the legislation among others.5 Based on those considerations, the court may determine how the statute could be interpreted to mean.6 However, the court may also determine that there is no sufficient reason to prefer one way of interpretation over the other. This is one of the reasons that make some legal scholars and practitioners to have the view that the rules and Approaches that apply to statutory interpretation give too much latitude to the courts.7 They argue that even though it is assumed that diligent application of these rules and approaches will enable the courts to be persuaded on which interpretation is legally preferable; in some cases the courts encounter frustrations while attempting to find the legally preferable interpretation of statutes. As a result, sometimes judges have to pretend that these rules and approaches have yielded decisive interpretation when in real sense they have not, a situation that encourages arbitrariness and obfuscation in making of judicial decisions.8 In order to effectively discus s the validity of the view that 'The Rules and Approaches that apply to statutory interpretation give too much latitude to the courts, and it seems there are no underpinning principles', it is important to understand what these rules and

Voc wk 4 Essay Example | Topics and Well Written Essays - 1000 words

Voc wk 4 - Essay Example 141). Students can go into virtual halls where they find a variety of information from assessments they can take to planning their education and work. DISCOVER can be used in conjunction with the SII to find more information on the careers from that assessment. One of the strengths of the SII is that it provides a lot of information that the student can take for further research. Also, it is completed easily, and it is based on the Holland codes which allows the individual to access other assessments that also use the codes. The strengths of the DISCOVER program are that it is computer based, interactive and engaging for the student. The reason it is important to be aware of the issues involved with assessments in special populations is because we cannot make generalizations that match everyone. This is why it is important to know how the tests were normed and the clients demographic profile. Starkey, D.S., and Rasmus, S.C. (2006). Individual and group assessment and appraisal in Capuzzi, D., and Stauffer, M.D. (2006) Career counseling: Foundations, perspectives and applications. Pp. 113-151. At 17 years old, John will have more time to choose a career, but it is a good time for him to explore careers. Although he worries about this now, I would also explain to him that he does not have to choose a solid career at this point because he has his whole life ahead of him. The two ethical considerations that Mrs. Catwick would have to take into consideration would first be to make sure that the test was appropriate for Johns age group. She is giving form R, which she hopefully reviewed or read the booklet to see whether this was appropriate for high school students. Another consideration, according to Engels and Harris (2006) is to make sure to inform John that the SDS is not a test in the way that he is used to taking. The reason for pointing this out is because there is "the high likelihood that clients