Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical form and not too easy to understand (ambiguity). The words used in statues may have different meanings which indicate
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------------------------------------------------- Language interpretation Language interpretation is the facilitating of oral or sign-language communication‚ either simultaneously or consecutively‚ between users of different languages. The process is described by both the words interpreting and interpretation. Translation studies deal with the systematic study of the theory‚ the description and the application of language interpretation and translation. In professional parlance‚ interpreting denotes
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7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case. Additionally‚ some statutes may be inherently ambiguous. • The courts have developed principles
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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Poems for essay: Neutral Tones‚ A Broken Appointment‚ The Moth-Signal. Interpretation is said to be an explanation or conceptualization of a work of literature or other art form by a critic. Hardy is known for integrating personal events from his life‚ into his poems that allow the reader to develop a fully rounded view of what he was trying to convey in his work. Love and its effects are one of his most famous themes that are the basis of many of his poems. Hardy tends to use references to many
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STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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Dream Eating Monsters of Japan - BAKU Japanese children are not afraid of nightmares after they are told about Baku. They are taught when waking up from a scary dream to whisper three times‚ "Baku-san‚ come eat my bad dream." Faithfully the dream eating monster will come to their bedroom and suck the bad dream away. Baku are not always so benevolent and if they happen to be too hungry a single dream may not be enough and they may take away the child’s hopes and ambitions as well. Children are
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Unsettling Dreams: An Analysis of The Metamorphosis Through his essay “Competing Theories of Identity in The Metamorphosis”‚ Kevin W. Sweeny explores three different concepts of identity that are brought to light in Franz Kafka’s novella The Metamorphosis. While our social role and conscious mind help establish our character‚ ultimately our material body determines how we identify‚ to ourselves and the general public. Through The Metamorphosis‚ Kafka explores how losing control of the body can
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Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out. The interpretation may form a precedent for future cases. Statutory interpretation can become a problem due to: The complexity of the English language a word may have several meaning‚ which can lead
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