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Write a 8 page essay on Explain the different rules and approaches taken by judges when interpreting an Act of Parliament, giving examples from case law, and critically analyse their advantages and di
Write a 8 page essay on Explain the different rules and approaches taken by judges when interpreting an Act of Parliament, giving examples from case law, and critically analyse their advantages and disadvantages.
18). As is always the case in other nations, appropriate government departments are often charged with the obligation of overseeing the implementation of Acts of Parliament. This implies therefore, that an Act that governs the transport sector for example is to be implemented by the Department of Transport while both houses of parliament are tasked with the responsibility of supervising the implementation process. Any alterations to an Act of Parliament are always done by passing another Act. At the same time, an Act can no longer apply after being subjected to repealing. The judiciary plays a critical role in putting into practice Acts of Parliament, as judges and magistrates base most of their rulings on such legislations. Consequently, this essay aims to provide more insight on some of the rules and approaches judges rely on while interpreting an Act of Parliament as well as their advantages and disadvantages to the justice system.
Interpretation simply refers to the act of making sense out of a legislation. It is imperative to note that judges normally use both intrinsic and extrinsic materials in analyzing and understanding Acts of Parliament (Statutory Interpretation). Intrinsic materials majorly refer to the provisions that exist within the legislation to be interpreted whereas extrinsic resources refer to the input judges receive from everything not found within the bill. Subsequently, judges use extrinsic materials for purposes of non-adherence to literalism.
The Interpretation Act of 1978 is one of the legislations that judges have significantly referred to in the course of analyzing case facts and reaching verdicts. Under the words of enactment for example, the Act provides that every single segment of an Act take effect as a fundamental enactment devoid of preliminary arguments. Under the amendment and repeal in same session section, the Act provides that the Act in question may be
