Introduction to Statutory Interpretation

de notwithstanding to statutory InterpretationStatutory Interpretation seeThe means of interpreting the Acts of Parliament by judge is called statutory interpretation. commonplace Law Is a truth formulated by adjudicate with the attention of conclusions of a court to descend the aid of a legislative carry through with(predicate) by the administrator branch. The level-headed system of a common honor separates that, it is a partiality to handle likewise facts or matters distinctively on a distinctive occasions. verbal endure Is a recipe that is oft utilized by orthodox adjudicate. Hence, the Literal Rule is an obligational intercommunicate readyn to the court to give a literal content to a statutes irrespective of the outcome of being spiritualist or non. well-off Rule Also kn have got as the British receive is applied when a literal regularize develop a solution that is different from the fan tan intension. It is apply when literal draw rein turns out to inco rrectity. mischief Rule Is the crop of discovering the importee of what fan tan meant by a certain statutes Table of Contents. Introduction of statutory interpretation. P.4Extrinsic aids to statutory interpretations P.4Interpretation acts P. 5 familiar righteousness P.5 The three elemental come ups in statutory interpretationsP. 6Literal district P. 6Advantages of literal rule. P.6Disadvantages of literal rule. P. 6Malaysian cases victimisation the literal rule. P.7 position cases exploitation the literal rule p. 8 The gilded rule.. p. 9Advantages of the specious rule. P. 9Disadvantages of the opulent rule. P.9Malaysian cases utilise the golden rule.. p. 9 English cases exploitation the golden rule.. p 10 The trickiness rule.. p 12Advantages of the mischief rule p 12Disadvantages of the mischief rule .. p. 12Malaysian cases using the mischief rule. P 13English cases using the mischief rule.. p 14Conclusions .. p 15References p 16Appendices p. 17Introduction of Statuto ry Interpretation.A Statutory Interpretation is lift out described as the capability of a court or adjudicate to translate the Acts of Parliament. It is a means of giving an explanation to the sum of a piece of legislation. In other dustup, the means of utilizing statutory impartialitys where by Judges tried to discover the purpose of fantan putting justnesss in follow out is as well as cognize as Statutory Interpretation.A statute tycoon be clearly revealed in harm of meaning unless they atomic number 18 mostly made up of ambiguities and vague words which argon anticipate to be settled by the decide. According to Lord Hailsham, a ripened English Judge, 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 statute or secondarylegislation. This means that legion(predicate) cases go to appeal at a point of interpretation.Also, cases go to appeal at a point of interpretation because, laws a re NOT drafted in popular terms. Laws are supposed to be drafted in general terms and should be conducted with some(prenominal) present and future situations.Extrinsic Aids to Statutory InterpretationExtrinsic aids are useful information infos which are non part of a statutes but are helpful to Judges in other to create more intelligence on the statute. They are materials which make a statute more visual for interpretation.Parliamentary debates are on wizard of the types of extrinsic material use. thither is a administration aggroup with two people. The first one would be the political party introducing the Act of parliament and the second would be the oppositenesss team also with two members. It is the governments assembly line uphold or software documentations the topic of the debates or also called the motion. The government team will discuss a problem and has a specific device for a change concerning that problems for seven minutes. It is a difficult task for oppo site teams to play devils exponent so to speak the opposition the team tries to find imperfection in the governments arguments for octad minutes. Then the government team responds to the oppositions arguments trying to make firm their own position for eightsome minutes. The opposition teams moves in the same manner for eight minutes. The opposition reach a conclusion with a rebuttal speech. Conclusively, the government will then with their own rebuttal speech. Furthermore, Notes of the legislation Both the parliament and legislative Assemblies have the power to enact laws according to their respective centers. A law that is established or introduced by a produce congregation will save affect the state. A law which is enacted by the parliament can be extended to the whole nation.Also, an organization which aim on the systematic development, review, and reform laws acted in a specific jurisdiction is known as a Law Reform Commission.Conclusively, a document which is printed or issued at a time with a bill is known as an explanatory memorandum. The main objective of that document is to give meaning to the aims and operations of the statutes in the statutory interpretation. Interpretation ActInterpretation Act state that, in any Act, without the purpose appearing to be opposite, expressions selected to be in Schedule 1 of an Act most be interpreted in accordance with that Schedule.Common LawCommon Law or chance Law is a law originated or formulated by judges with the aid of conclusions of a court and likewise tribunals, as fought to a statutes which follow the aid of a legislative process published by the executive branch. Common law help to draw matters into conclusion where two or more groups disagree with a certain law by flavour forward into past case laws that are applicable.The Three Basic Rules in Statutory Interpretation.The three basic rules enforced for statutory interpretation by judges in England, areThe literal ruleThe florid rule andThe ch icanery rule.The Literal RuleThe literal rule is made up of both the ordinary and the plain meaning rules. A literal rule is a rule that is frequently utilized by orthodox Judges. Jewish-Orthodox Judges are the Judges whom think or believe that their constitutive(a) role is limited to apply a law enacted by the parliament. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not.Advantages of Literal Rule.The characteristics of the literal rule is that law must be equally certain and knowable.The rule demands that citizens are to be notified earlier closely the legal effects behind a statutes.The selected Parliament should be the one to enact a new law as well as to secure the will of the elected legislators.Disadvantages of Literal Rule.During language interpretation, statutes which were having clear meaning can have more than one meaning. rowing or phrases in a statutes a re reasonably open to different meaning. Example, 1200 office either be AM or PM.No matter how absurd the component of a statutes or an Act may be, one must comply with it.Malaysia case using Literal RuleHOYA HOLDING SDN. BHD. V. CHIA refined HING ANORHIGH COURT MALAYA, TAIPINGDATO HJ. ABDUL MALIK B. HJ. ISHAK J.ContractSale and purchase placement of a dwelling apartment. Conditions of agreement Connections of Electricity and piss supply to the apartment. Delivery of lazy possession of house to the emptor.In this case there was a dissension with regards to clause 20 of the sale and purchase agreements dated 1st grand 1919Clause 20 of the standard sale and purchase agreement reads as follows20(1). This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years separation regard the date of this written agreement.Furthermore, if the vendor ha ppens not to comply with this agreement as said, with the necessary requirements. He must throw immediately to the purchaser liquidated damages day after day with an affair rate of 10% annually of the purchased amount. brain.Dato Hj. Abdul Malik b. Hj. Ishak JAn urgent request which opposed the opinion of the in condition(p) Magistrate Court, Taiping Perak where by the appellant were commanded to wear RM1, 431.51 together with 8% annual interest from May 26, 1993 until a contentment period of the respondent.English (UK) case using Literal RuleFISHER v. BELLQUEENS BENCH DIVISION. hear date 10, Nov 1960.HeadnoteA man that own a shop displayed a knife by the window of his shop with a price rag behind it. He was supercharged for sale of a flick knife, which is inverse to s. 1(1).Held According to the meaning of s.1(1) of the Act 1959, the shopkeeper was not guilty of what he was charged. This is because demonstrating a flick knife at the shop is an invitation to treat and not for sale.JUDGMENT BY-1 LORD PARKER, C.J.A chief inspector of police charged against a respondent that he unlawfully offer for sale a knife which is, contrary to s.1 of the Restriction of Offensive Weapons Act, 1959.Lord Parker C.J. anyone, who manufacture, sell, hire, lends or give to another person a knife that has blade which automatically opens by the pressure applied to a button or springs shall be guilty.The easy RuleThe golden rule which is also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension or that avoid the parliament intension instead. The golden rule is exceptional to the literal rule because it is used when literal rule turns out to absurdity in other to shift the grammatical and ordinary senses.Advantages of the Golden Rule.Golden rule honors parliament decision.It ever so permit Judges to select the most accurate meaning among many in a statutes.It supply sensible conclusions on cases which the literal rule cannot handle.Disadvantages of the Golden Rule.The rule has no guidelines that governs it.It is not widely known, hence it used on rare cases/occasionA Judge might undercoat a statute in absurdity but it might not be for another Judge. Malaysia case using Golden RuleRe An pep up 1964 MLJ 1FactsThe accused is a recommended advocate in the state of Sarawak who happened to go to Kuching for his normal activities. He took along with himself female clothes in which he did make his advertisement. He used his own name and also his hotel room to help upgrade the company business. He could be enamored out from the role of advocates if his conduct fell within the section 12(g) of the Advocate Ordinance or suspended. This is so because the section 12(g) of Advocate Ordinance of Sarawak says anyone who by any means suspended or ruled out from practicing the advocate role by any judge in respect of the law binding the section 12(g) of the Advocate Ordinance. English (UK) case us ing the Golden RuleCOURT OF APPEALS OF MISSISSIPPI.Karen Elissa Pearson Gray, Appellant v. Doyle Gene Pearson, Appellee.Karen Gray appeals a impression on her former husbands petition to modify youngster support and her counter for contempt.Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. Benji and Michael were twelve (12) and half a dozen (6) years of age respectively when the both parents divorced. The court dictated that Doyle should pay a small fry supports for his barbarianren and prescribed him to pay Benji college fees as well. He was legitimate to pay $800 per month for the child supports. When Benji turned 21 during his college education, Doyle stopped to pay his college fees because he assumed Benji is no longer a child. He only continues with the child support fees and shortly three months after his 21st birthday, Doyle trim back the child support amount to $400 as advised by his attorney. In ad dition, he paid NO child support from February 2000 to June 2000.Karen then, counter-petitioned to say Doyle that he lack respect for his failure to pay child support in respect of his modification petition. Furthermore, Doyle fails to pay Benjis college fees and also fails to protrude with the terms of the divorce agreement. According to the Chancellor, after visitation, Doyle was not caused by law to pay $800 for the child support continuously forever. Hence the amount of the child support was cut down from $800 to $600 to be effective from the date of Benjis 21st birthday. The chancellor also said, Doyle was contempt to have reduced the child support amount from $800 $400.The Mischief RuleThe process of discovering the meaning of what parliament meant by a certain statutes is known as Mischief Rule. In other words, it is a nature or a related rule of translating a statutes in order to discover the prematures, mischief to which the stature endeavored to amend. In addition, i t demands the adoption of interpretation that is made to correct the weakness or crack of an Acts passed in law.Steps to Interpret a Statute in Mischief RuleConsider what the law was onward the Act was passedIdentify what was wrong with that lawDecide how Parliament intended to improve the law through the statute in questionApply that finding to the case before the courtAdvantages of the Mischief Rule.Mischief encourage flexibility in the law It prevent absurdity and unfair outcome.It brought development to the society.Disadvantages of the Mischief Rule.It only forgo Judges to re-write statutes that is supported by the parliament.It cannot be remedied else, the mischief if detected.It never come to Parliament supremacy.Malaysia case using Mischief RuleLim Moh Joo v. P.P 1970 2 MLJ 113 turn AppealDecide date- 116th May, 1970 Wan Suleiman J.Catch WordsCriminal Law and Procedure health check examination examination checkup report of alleged assault. Medical reports were pres ented before the court without prove and on the absent of the laboratory specialiser who conducted the test. In addition, the defendant were to be given a copy of the medical report for not less than 10 long time before the trial day in respect to the Criminal Procedure Code (Cap6), ss 380 and 399.Headnote The plaintiff produced two medical evidence against the appellant without prove and without the consultant who conducted the medical report. The appellant do not have a copy of the medical certificate that he was accused of till the day of the trail.HeldAccording the law binding the Criminal Procedure Code (Cap. 6), a public prosecuting officer must deliver a copy of evidence or legal report to the accused not less than 10 clear days before the trial day. As long as such preparedness were not made, the reports or evidence are made not to be admitted. Hence the order binding the accused must be squashed. English (UK) case using Mischief RuleSMITH V HUGHES levelheaded CitationSm ith v Hughes, (1871) LR 6 QB 597 (Queens Bench Division) FactsA plaintiff where to sell oats/food grains to a suspect with samples to show a try out. The suspect then examine the sample and rewrite to the complainant by accepting the oats at a toll of 34s per quarter. Thereafter, the suspect rejected the oats on reaching him with reason being that he were expecting old oats but the once he received were new. The suspect also complained about the cost price which is too high after reaching agreement with the complainant because he discovered that they were new oats, hence there came a compress in respect of their agreement because there is a bridge of contract.JudgmentOrder from the Queens Bench Division specified that both parties have communicated the nature of the oats before making transactions. In addition, they have concord to the terms and conditions that governs the sales and purchase of the oats. The suspect thought they were old but the complainant knew they were new. He nce, the fault is from the suspect because of his inability to know the age of the oats he purchased.ConclusionConclusively, the term statutory interpretation is a method which judges use to translate the Acts of Parliament. In other words, the means in which judges utilize statutory laws is also known as statutory interpretation. A statute might be straightforward in terms of meaning but they are mostly made up vague words which are expected to be interpreted by the judges. Additionally, many cases go to appeal at the point of interpretation. There are three basic rules generally enforced for statutory interpretations such as Literal, Golden and Mischief Rules. ReferenceTranslegal.com, (2014). The rules of statutory interpretation (2).Home.loxfordlaw.co.uk, (2014). Notes on Statutory Interpretations A-Level Law change Exam Help by D.Hussain Publications.Scribd.com, (2014). LIM MOH JOO.Hba.org.my, (2014). HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR.Casebrief.me, (2014). Smith v Hughes Case Brief Summary.Sixthformlaw.info, (2014). Fisher v Bell.Golden-rule-law.blogspot.com, (2014). The Golden Rule Advantages And Disadvantages Of The Golden Rule.AppendicesStatutory interpretation 2,4,15Extrinsic 4, 5Interpretation Acts 5Common law 2, 5Literal rule 2, 6, 15Advantages and Disadvantages of literal rule 6Malaysia cases using the literal rule 7, 8English cases using the literal rule 8Golden rule 2, 9, 15Advantages and Disadvantages of golden rule 9Malaysia cases using the golden rule 9, 10English cases using the golden rule 10, 11Mischief rule 2, 12, 15Advantages and Disadvantages of golden rule 12Malaysia cases using the mischief rule 13English cases using the mischief rule 13, 14