Introduction Statutory interpretation is a fundamental judicial function, involving the discernment of meaning from the words enacted by Parliament. In exercising this function, courts in common law jurisdictions, including England and Wales and Ghana, have developed various rules or approaches to guide their decision-making. The traditional approaches include the literal ...
Read MOREThe Purposive Approach to Statutory Interpretation
Introduction The interpretation of statutes by the judiciary is a fundamental aspect of the UK’s legal system, ensuring that the ...
Read MORERules of statutory interpretation
Introduction The process by which judges determine the meaning of an Act of Parliament is known as statutory interpretation. This ...
Read MOREThe classification of courts in England & Wales is a pointless exercise. We have criminal courts and civil courts and that is the end of the matter.
Critically discuss this statement with reference to the court structure, classification and functions of the court. Introduction The statement that ...
Read MOREExplain the 5 processes of statutory interpretation – with references
Statutory interpretation is the process by which judges determine the meaning of legislation. Parliament is the supreme law-making body in ...
Read MORE“The literal rule, is where courts will give words their plain and oridinary meaning.”
Statutory interpretation is the process judges undertake to understand and apply Acts of Parliament to the specific facts of a ...
Read MORECritically examine the three main rules of statutory interpretation, namely the Literal Rule, the Golden Rule, and the Mischief Rule. Discuss their advantages and disadvantages and illustrate your answer with relevant case law. To what extent do these rules assist courts in achieving justice while respecting the intention of Parliament
Introduction In the constitutional framework of the United Kingdom, the principle of parliamentary sovereignty dictates that Parliament is the supreme ...
Read MOREFollowing the Practice Direction of 1966, the doctrine of stare decisis has no practical effect. Discuss.
Introduction The doctrine of stare decisis, meaning to ‘stand by things decided’, is a cornerstone of the English common law ...
Read MOREThe court of appeal should be freed from the shackles of binding precedent so that errors might be corrected. Explain how the court of appeal is bound by the doctrine of stare decisis and discuss the advantages and disadvantages of this
Introduction The doctrine of judicial precedent, often referred to by the Latin maxim stare decisis (to stand by things decided), ...
Read MOREThe Court of Appeal, Precedent and the Correction of Errors
Introduction The doctrine of stare decisis, or binding precedent, is a cornerstone of the English legal system, designed to provide ...
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