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3.3 Statutory interpretation: consideration of legislation by the courts Quite often, the law created by Parliament, as well as that created by delegated parliamentary authority, is considered by judges in courts. Most commonly, judges will be called upon to decide the precise meaning of a phrase or a word. Given the discussion above concerning the flexibility of language and the problems of interpretation, the difficulties that such consideration can cause are obvious. Issues of tremendous importance can be raised when a problem about the meaning of a statutory provision goes before a court. How do judges interpret statutes? The ability to have the final say in this manner gives judges, an undemocratic body, unprecedented power. Judges have to: • apply legislative rules to various fact situations; • decide the meaning of words and phrases used in the statute (and of course words can mean many things, and can change over time); • deal with judicial disagreement over the meaning of words. A range of purported rules of interpretation has been developed over time for use by judges: • there are three known rules of statutory interpretation, set out in Figure 3.2, below; • there are probably many unknown rules. For example, the ‘gut-feeling rule’! Figure 3.2: the three main rules of statutory interpretation
DOI link for 3.3 Statutory interpretation: consideration of legislation by the courts Quite often, the law created by Parliament, as well as that created by delegated parliamentary authority, is considered by judges in courts. Most commonly, judges will be called upon to decide the precise meaning of a phrase or a word. Given the discussion above concerning the flexibility of language and the problems of interpretation, the difficulties that such consideration can cause are obvious. Issues of tremendous importance can be raised when a problem about the meaning of a statutory provision goes before a court. How do judges interpret statutes? The ability to have the final say in this manner gives judges, an undemocratic body, unprecedented power. Judges have to: • apply legislative rules to various fact situations; • decide the meaning of words and phrases used in the statute (and of course words can mean many things, and can change over time); • deal with judicial disagreement over the meaning of words. A range of purported rules of interpretation has been developed over time for use by judges: • there are three known rules of statutory interpretation, set out in Figure 3.2, below; • there are probably many unknown rules. For example, the ‘gut-feeling rule’! Figure 3.2: the three main rules of statutory interpretation
3.3 Statutory interpretation: consideration of legislation by the courts Quite often, the law created by Parliament, as well as that created by delegated parliamentary authority, is considered by judges in courts. Most commonly, judges will be called upon to decide the precise meaning of a phrase or a word. Given the discussion above concerning the flexibility of language and the problems of interpretation, the difficulties that such consideration can cause are obvious. Issues of tremendous importance can be raised when a problem about the meaning of a statutory provision goes before a court. How do judges interpret statutes? The ability to have the final say in this manner gives judges, an undemocratic body, unprecedented power. Judges have to: • apply legislative rules to various fact situations; • decide the meaning of words and phrases used in the statute (and of course words can mean many things, and can change over time); • deal with judicial disagreement over the meaning of words. A range of purported rules of interpretation has been developed over time for use by judges: • there are three known rules of statutory interpretation, set out in Figure 3.2, below; • there are probably many unknown rules. For example, the ‘gut-feeling rule’! Figure 3.2: the three main rules of statutory interpretation
ABSTRACT
There are several different types of law in the European Community with differing effects. Some European Community law is immediately incorporated in the body of English law, some has to be specially enacted by Act of Parliament.
