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Legislation (Disadvantages of legislation (Statutes are numerous and…
Legislation
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Statutory Interpretation
The effectiveness of any statute depends to some extent on the interpretation given to it by courts, especially where the wording is ambiguous
The literal rule: Places emphasis on the literal meaning of the words contained within the statutory provisions
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The Golden Rule: Where the literal meaning of the statute would lead to an absurd result that is unlikely to have been the intention of the law draftsmen, the judge can depart form the literal meaning
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The Mischief Rule: Seeks to ensure that statute should be interpreted with regard to the true intent of its makers
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Court set out that for the sure and true interpretation of all statutes, judges should consider three factors.
1) What the law was before the act was passed
2) What problem or mischief the act was trying remedy
3) What remedy Parliament was trying to provide
The judge should interpret the court in such a way as to deal with the problem that Parliament was trying to address
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The contextual rule: That words should be interpreted in context. The purpose of the statute should be considered when interpreting words within it
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Legislation may also be made by other bodies under authority of primary legalisation, such as when secondary legislation is enacted
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When enacting laws in the UK, Parliament must have regard to obligations that arise as being part of the EU
Statutory laws are enacted by the government or authorised bodies (i.e legislatures) through the process on legislation
In the UK, primary legislation is made by Parliament