Friday, July 26, 2019
When interpreting statutes, do judges simply give effect to the will Essay
When interpreting statutes, do judges simply give effect to the will of Parliament or do they amend statutes under the guise of interpretation - Essay Example 2). Therefore, statutory interpretation refers to the process of expounding and giving explanation for the easy understanding of the legal system. Dalhuisen (2014) states that statutory interpretation in England is an ongoing change with a purposive approach hence promoting the overall legislative aim of enactments. This paper is a discussion of how the English statutes are interpreted; it is to find out whether the judges simply give effect to the will of the Parliament or they amend the statutes under the guise of interpretation when interpreting the statutes. In answering the question, the paper will first give a brief description of the will of the Parliament and the amendment of statutes in the English legal or judicial system. It is reported that the will of the English Parliament is only expressed through an Act of Parliament (Twining and Miers 2010). This means it has vital concrete effects thereby preventing forceful imposition of decrees upon the law by an autocratic or a despotic leader. This is unlike what characterize the French assemblies where dictatorial monarchs conduct abrupt resolutions on the law to suit personal interests. This principle in which Parliament speaks singly through an Act of Parliament immensely increases the authority of the English judges (Dicey 2013). Hence any bill which has been subjected to a statute automatically becomes subject to the judicial interpretation. It is also reported that the independence of the English Parliament ensure that it does not interfere with other authorities of the regular c ourse of law. The amendment of a statute refers to a designed process of alteration applied to make changes in an existing legal structural provision (Slapper and Kelly 2010). In the event of an amendment textual codification is applied because there is an adoption of a new provision which substitutes the existing contents. However, this procedure has one main challenge that the amendment has very limited sense or meaning
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