It is impossible to foresee and anticipate all points of law

“No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions.” Abraham Lincoln : The First Inaugural Address (1861) Amongst lawyers, there is general consensus that it is virtually impossible to anticipate all questions of law. The primary purpose of law, as a lay-person would see it is to provide order and keep … Read more

Statutory interpretation rules applied to a case study

Ray, a veteran, sought a compensation payment of $25,000 under the One-Off Payments to War Veterans Act 2015 (Cth) in July 2018. On 14 April 1941, Ray’s military unit surrendered to German military forces, an enemy state, in Greece, where they were taken to an open countryside near sea. The surrender area had no physical … Read more

Comparison of literal rule with advantages and disadvantages

Statutory Interpretation consists of four rules in which the judges use in court which entails the literal, golden, mischief rules, and purposive approach. The rule in which judges use first when interpreting the statute is the literal rule; this is where the meaning of the words in the statutes is in its natural unambiguous meaning. … Read more

Rules of interpretation: literal, golden, mischief & purposive

As Parliament is the one that makes the law, the role of judges is to interpret Parliament’s words, while maintaining neutrality and having no bias towards the outcome of the case. They get specific creative power in the manner in which they interpret legislation and like in any other situation, the legislation can have multiple … Read more

Statutory interpretation (CQN RTM Company Limited)

Word Count: 2387 Parties: CQN RTM Company Limited (Appellant), (1) Broad Quay North Block Freehold Limited (2) Broad Quay Management Company Limited (Respondents) Court: Upper Tribunal (Lands Chamber) Citation: [2018] UKUT 183 (LC) Judges: His Honour Judge Hodge QC
Facts: the premises are part of a redeveloped site; located North of a central tower block. It … Read more

Judicial Power and the Right to Die

The Right to Die has proven a controversial statement that divides opinions on moral interpretations. It was the key focus of R Nicklinson v Ministry of Justice 2014, during which the law and Parliament stood against it. Mr. Nicklinson, paralysed by a stroke some years earlier, contested the 1961 Suicide Act as a violation of … Read more

Is legislation the most important source of law in England and Wales?

This essay is based on the sources of law from the uncodified Uk constitution and relevant examples will be provided throughout. The detailed essay focuses on the 5 different sources and the argument that the “legislation source is the most important one within both England and Wales” will be analysed and examined with finally a … Read more

Statutory Interpretation: literal, golden and mischief rules

Statutory interpretation is the generic method which is employed by judges whilst concluding a case within a court. There are three primary ‘rules’ which are used in order to determine how best to deal with the defendant in question and will vary on a case-by-case basis. These are the literal rule, the golden rule and … Read more

Statutory Interpretation

Many statutes are passed by parliament each year. The meaning of the law in these statutes should be clear and explicit but this is not always achieved. Parliament sometimes includes sections defining certain words used in that statute; such sections are called interpretation sections, which define certain words in the act itself. Despite these aids … Read more