The legal system of England and Wales is based on common law, therefore the primary source of law is to follow a decision made in a precedent case. But as statute law becomes more important, this paper aims to give an insight how statutes are passed and, more importantly, how they are interpreted. Different rules related to statutory interpretation are explained and intrinsic as well as extrinsic aids are mentioned. Additionally, using the example of a specified case, contract law is introduced by analysing possibilities to proof misrepresentation along with its consequences and possible damages.
Inhaltsverzeichnis (Table of Contents)
- Introduction to Business Law
- Introduction to Business Law Assignment
- Introduction to the sources of English Law
- How is a statute passed?
- Interpretation of statutes
- Rules of statutory interpretation
- Intrinsic aids
- Extrinsic aids
- Presumptions
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This assignment aims to critically analyze the effectiveness of statutory interpretation in achieving the objective of access to justice within the English legal system.
- Sources of English Law
- Statutory Interpretation
- Miscarriage of Justice
- Parliamentary Supremacy
- Rules of Statutory Interpretation
Zusammenfassung der Kapitel (Chapter Summaries)
The assignment begins by exploring the sources of English law, highlighting the significance of common law and the growing influence of statute law. The process of how a statute is passed through Parliament is then explained in detail. This includes the various stages, from First Reading to Royal Assent, with a focus on the potential for ambiguity and the resulting challenges faced by judges in interpreting legislation.
The main focus of the assignment lies in the interpretation of statutes. The author examines the different rules of interpretation, particularly the literal, golden, and mischief rules. Each rule is explained with examples, demonstrating how their application can lead to divergent outcomes and potential miscarriages of justice. The literal rule is illustrated through the case of Inland Revenue Commissioners v Hinchy, emphasizing the potential for discrepancies between parliamentary intent and judicial interpretation.
Schlüsselwörter (Keywords)
This assignment explores the concepts of English Law, Statutory Interpretation, Miscarriage of Justice, Parliamentary Supremacy, and the different rules of statutory interpretation, including the literal, golden, and mischief rules. It examines the challenges faced by judges in interpreting legislation and the potential for discrepancies between parliamentary intent and judicial interpretation.
Frequently Asked Questions
What are the primary sources of English Law?
The legal system of England and Wales is based on common law (judicial precedents) and statute law (acts passed by Parliament).
How is a statute passed in the UK Parliament?
The process involves several stages, from the First Reading to the Royal Assent, ensuring the legislation is debated and reviewed before becoming law.
What are the main rules of statutory interpretation?
Judges primarily use three rules: the literal rule (exact wording), the golden rule (modifying wording to avoid absurdity), and the mischief rule (interpreting based on the problem the law was meant to fix).
What are intrinsic and extrinsic aids in legal interpretation?
Intrinsic aids are found within the statute itself (e.g., preamble), while extrinsic aids are outside sources (e.g., Hansard or law commission reports) used to clarify meaning.
Can statutory interpretation lead to a miscarriage of justice?
Yes, the assignment discusses how a strict application of rules, like the literal rule, can sometimes lead to outcomes that deviate from parliamentary intent or common sense.
- Citation du texte
- Anonym (Auteur), 2008, English Business Law. Statutory Interpretation, Munich, GRIN Verlag, https://www.grin.com/document/285782
