Modern Statutory Interpretation Essay Example | Topics and Well Written Essays - 1500 words

Modern Statutory Interpretation - Essay Example The discussion will give me a side that shall be weighed heavily on the conclusive part. The contents of this Essay will include: Ambiguity is a notorious word that affects not only most learners of law but also those who enact law, interpret law, and obey, or violate law. It is present in the most precise of words, as one classic rock song goes "sometimes words have two meanings," (Stairway to Heaven, Led Zeppelin). And it so happened that words with two, or more meanings here being discussed are parts of the law system of which had been enacted by Parliament, obeyed or violated (although it will be already on the part of the judiciary to decide) purposely and not by the people, and with the Acts to be interpreted by the court as either lawful or not where instances had been that a prosecution is undertaken. The law is such that Lord Esher in R v Judge of City of London Court declared, "If the words of an Act are clear, you must follow them even though they lead to a manifest absurdity. The court has nothing to do with the question of whether the legislature has committed an absurdity. [However] If the words of an Act admit two interpretations, and if one interpretation leads to an absurdity, and the other does not, the Court will conclude the legislature did not intend the absurdity and adopt the other interpretation." The discussion will take off from here. Main Part For the purpose of clarifying the content of this essay, statutory interpretation is a process of interpreting and applying a legislation or a law which has been promulgated or enacted by the parliament or governing body. Legislation may refer to a single law or a collective body of enacted law, but "statute" is always referred to as a single law. At most times, the words of a statute have plain and direct meaning but ambiguity and vagueness are resolved by the judge of which he may use various tools and methods of "statutory interpretation" which may include traditional canons, legislative history as well as purpose. In the United Kingdom, there is a general presumption that legislation takes precedence in so far as there is any inconsistency or where legislation and case law are in conflict. This principle is called Parliamentary Sovereignty. The general notion is that a statute will be interpreted as consistent with all the content of the act so that the sui generis (of its won kind) rule is applied to resolve any conflict. In the interpretation of statutes, approaches to literal and purposive construction are used, and so are the intrinsic and extrinsic materials. The specific aids to interpretation includes among others: The Interpretation Act 1978 that defined many common terms to be used in construing any Act that contains the