1)Guiding legislation- External guidance, the Acts of interpretation act assits the judge to interpret the meaning of words and phrases.
2)Remedial legislation - Enactment can be made by the parliament to overrule the case law made by court if it is deemed inappropriate.
3)Complementary legislation - The parliament will enact new statutes to complement case law to give it more GENERAL APPLICATION in the community.
Sunday, July 26, 2009
Judicial review on case law
Reversal
- Highter courts reviewing the decision made by lower court when an appeal is taken to appellate court
-The higher courts can change the percedent made by lower court as it thinks that it is a bad decision
Overruling
-A superior court can change a percedent made by lower courts in another case.
Distinguishing
-The lower courts can distinguish a superior court's decision with reasons, there are significant material differences.
Disapproval-
1)Coordinate court- a court disapprove another coordinate court's precedent and does not follow.
2)Courts in other hierachies- a court can refer to the precedent made by court in other hierachy, but dissproves it and doesnot follow it.
3)General disapproval- A coordinate or lower court disapproves of another court decision but still follow it.
- Highter courts reviewing the decision made by lower court when an appeal is taken to appellate court
-The higher courts can change the percedent made by lower court as it thinks that it is a bad decision
Overruling
-A superior court can change a percedent made by lower courts in another case.
Distinguishing
-The lower courts can distinguish a superior court's decision with reasons, there are significant material differences.
Disapproval-
1)Coordinate court- a court disapprove another coordinate court's precedent and does not follow.
2)Courts in other hierachies- a court can refer to the precedent made by court in other hierachy, but dissproves it and doesnot follow it.
3)General disapproval- A coordinate or lower court disapproves of another court decision but still follow it.
Statutory guidance
Internal guidance
- This guidance provided in the PRINCIPLE ACT
- There is a definition sections which assits the judge to interpret
- 1)Closed definition - "means" narrowing down the range of definition
- 2)Open definition - "inculde" give a wide discretionary power to the courts to interpret the meaning of words and phrase.
External guidance
-This guidance provided in act other than PRINCIPLE ACT
- Using Acts of interpretation Act to give general interpretation guidance.
- This guidance provided in the PRINCIPLE ACT
- There is a definition sections which assits the judge to interpret
- 1)Closed definition - "means" narrowing down the range of definition
- 2)Open definition - "inculde" give a wide discretionary power to the courts to interpret the meaning of words and phrase.
External guidance
-This guidance provided in act other than PRINCIPLE ACT
- Using Acts of interpretation Act to give general interpretation guidance.
How is the doctrine of precedent applied in constructing statutes and why is it important?
Once the interpretation has done, all the lower courts in the same hierachy have to be bounded as conform to the doctrine of precedent. By this, the superior courts will act as a source of guidance to the lower courts, so that the interpretation of law is consistency and predictability.
Judicial guidance
Literal rule
- allows judges to interpret the words in the ordinary and natural english meaning.
- Not judges' duty to vary it, even the result is inconvenient.
Golden rule
-allows judges to escape any absurdity created by literal rules
-Intended meaning of words can be made clear by applying it in accordance with the text.
Mischief rule
-interpret status in accordance with the intention of parliament.
Canons of construction
- These are rules which established presumption of interpretations, which guide judges when there is no statutory rules exists.
The rules of (Noscitur a sociis) and (Ejusdem generis) fking latin..
- Noscitur a sociis allows interpretation of words or phrase which derived from its context
- Ejusdem generis, where words of the particular meaning followed by words of general meaning.
- allows judges to interpret the words in the ordinary and natural english meaning.
- Not judges' duty to vary it, even the result is inconvenient.
Golden rule
-allows judges to escape any absurdity created by literal rules
-Intended meaning of words can be made clear by applying it in accordance with the text.
Mischief rule
-interpret status in accordance with the intention of parliament.
Canons of construction
- These are rules which established presumption of interpretations, which guide judges when there is no statutory rules exists.
The rules of (Noscitur a sociis) and (Ejusdem generis) fking latin..
- Noscitur a sociis allows interpretation of words or phrase which derived from its context
- Ejusdem generis, where words of the particular meaning followed by words of general meaning.
Reasons why statues need to be interpreted
1) Parliament has given the courts wide discretionary power
- Give judges necessary flexibility to apply the law fairly
- Because, it is imposibble for the parliament to address every part of the law
2) The meaning of words and phrase in statutory law is unclear
- Since english is notoriously ambiguous and has variety of meanings
-Therefore, the meaning of words and phrases changes over time, hence , the judge is allowed to interprete the meaning to bring about just outcomes.
- Give judges necessary flexibility to apply the law fairly
- Because, it is imposibble for the parliament to address every part of the law
2) The meaning of words and phrase in statutory law is unclear
- Since english is notoriously ambiguous and has variety of meanings
-Therefore, the meaning of words and phrases changes over time, hence , the judge is allowed to interprete the meaning to bring about just outcomes.
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