GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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discuss the three main sources of law‚ which are Acts of parliament‚ judiciary precedent and statutory interpretation and also evaluate the relationship between legislation and judicial precedent. Furthermore‚ the rules of interpretation that contain Literal Rule‚ Golden Rule and Mischief would be explained in the second part of this essay by several appropriate cases. Sources of English Law The source of law is means by which the law comes into existence and things with regard to law. Generally
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by the courts‚ and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. To aid in the Courts’ application of the law‚ rules of statutory interpretation have been created; they are literal rule‚ golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are necessary because the meanings of an Act can be unclear‚ among other things‚ and these “rules” are used to make a judge’s
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Interpretation Common law rules of interpretation The common law rules of interpretation are as follows: Literal rule - interpret the statute according to the literal meaning of the words. Higgins J in The Engineers Case: "The fundamental rule of interpretation... is that a statute is to be expounded according to the intent of the Parliament that made it; and that intention has to be found by an examination of the language used in the statute as a whole...what does the language mean... in its
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Law homework Due 28/11/11 A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks) The literal rule is where the courts will give their words a plain‚ ordinary or literal meaning‚ even if the result is not very sensible. It involves the judge applying the literal rule even if it results in absurdity. R v Judge of City of London Court (1892) in which Lord Esher said ‘If the words of an Act are clear then you must
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In Raymond Carters’ “Popular Mechanics” the way he foreshadows and uses literal response sets the mood of the text. Carver foreshadows the fact that the inside of the house is full of “darkness”. He also uses literal response with the way the unnamed man replied to his wife. That causes the reader to feel the seriousness of the man. This affects the readers experience because it really makes them feel the intensity of the scene. Carvers’ choice of words set a dark mood for the story. The last sentence
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Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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physical has been the driving force behind this collaboration. The portrayal of each colour is by no means a literal interpretation‚ but the awareness of its spiritual significance has challenged our contemporary expressions.” This quote tells us that the traditional use of ochre within aboriginal culture is important and significant and the portrayal of each colour within the dance is not a literal interpretation but rather the portrayal of each colour does not uphold exact meaning but shows us contemporary
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precedent or foundation does the title set for the rest of the poem? This title sets a precedent for an intimate piece of nature-human correspondence. Step 2: 2r2sc After reading the poem‚ I have pulled together a summary of the most prominent literal and figurative meanings. This will establish a foundation of
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provoke thought and feeling to a greater extent than more literal descriptions do. Examples : “My mother’s face curdled” [Metaphor (kiasan)] Curdled : signalled distaste and trepidation. Curdled : The writers express and the readers should work out their meaning; they should be able to imagine. “My mother grimaced” [Literal (harfiah/nyata)] “Like a picture‚ a metaphor displays rather than describes it’s content.”Stern literal meanings. Abstracted from contexts of use‚ they are suitable
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