Statutory Interpretation Essay

1095 Words Dec 26th, 2015 5 Pages
Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation …show more content…
For the example case will be Keene v Muncaster (1980). The Motor Vehicles (Construction and Use) Regulations 1973 make it an offence to park a motor vehicle overnight in the road with the offside against the kerb. However, this is not an offence if a uniformed police officer has given permission to park in this way. The defendant was a uniformed police officer who parked his car overnight with its offside against the kerb. He was prosecuted and relied on the defence that he had given himself permission. His defence was rejected. The court applied the golden rule and held that “permission” meant that permission had to be given by one person to another. He was therefore convicted of the offence (Paul, 2002).
The Mischief Rule can be applied by the courts to resolve an ambiguity which is produced by the application of the Literal Rule. It involves asking what ‘mischief’ in the common law, was intended to be corrected by the statute. The court then applies the interpretation which is consistent with correcting the mischief. The example case can be Gardiner v Sevenoaks Rural District Council (1950). The Mischief Rule can be applied by the courts to resolve an ambiguity which is produced by the application of the Literal Rule. It involves asking what ‘mischief’ in the common law, was intended to be corrected by the statute. The court then applies the interpretation which is consistent with correcting the mischief (Paul, 2002).
The purposive

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