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Essay / Statutory Interpretation - 1302
Statutory InterpretationThe process by which judges assign meanings to the words of a statute in order to apply the relevant law to a case to reach a decision. There are two approaches: literal and teleological. The literal approach is where words are given their clear, ordinary and grammatical meaning. The teleological approach is where the judge examines the intentions of parliament. Aids Available: There are two types of aids available for interpreting laws, these are internal aids, which are included in the law. , or external aid that is not included in the law. INTERNAL AIDS =============These are most likely to be used when the literal or golden rules are applied, but can also be useful in finding the purpose of the law. These parts of the law may be used provided they do not conflict with the plain terms of a law:* Preamble (often found in older laws, defining what acts must accomplish; private acts must contain them)* Long Title (states the purpose of the law)* Short Title* Definitions section (helps with the literal approach, as the words are given their meaning) Punctuation is not taken into account, as it does not was not originally used. EXTERNAL AIDS ======== =====These are mainly used by judges trying to find the purpose of the law. The following have traditionally been used:* Historical background* Other laws* Textbooks* Previous practice in the area covered by the law* Treaties and international obligations * Subordinate legislation* Dictionaries (used for golden and literal rules)* The Reports prepared by law reform agencies can be used. (since Black-Clawson 1975, where H/L stated that official reports preceding the status can be taken as evidence of the pre-existing state of affairs)