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Category: Interpretation Of Statutes

Delegated Legislation

Delegated Legislation

Delegated Legislation Parliament does not make delegated legislation, instead they delegate that power to another. In delegating the power to make delegated legislation, Parliament imposes precise restrictions on the exercise of this power. Delegated legislation is often called subordinate legislation or legislative instruments, and can include regulations, rules, orders, statutory instruments, by-laws and so on. Delegated legislation needs to exist in relation to an enabling Act. The enabling Act is often called the principal Act and makes provisions for delegated…

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The Literal and Golden Rules

The Literal and Golden Rules

The Literal Rule: Statute law is law which is written and that is set in place by a legislature. Statute law could also be wont to extend, over rule or modify existing meanings of current common law. As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law one of them is the Literal Rule. This rule is the basis of all court decisions in relation to statues. Here judges…

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Permanent and Temporary Statute

Permanent and Temporary Statute

Kinds of Statute: Permanent and Temporary Statute: Introduction: Statute is actually will of legislature which is reduced into writing after due process. But however, its scope is wider & cannot be restricted to act of legislature. It includes any document which is accepted as law. Definition: Statute is the written will of the legislature or a written document which is an act of parliament and is meant for the maintenance of law & order. Kinds of Statute: Permanent & Temporary…

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Presumptions

Presumptions

Presumptions: Intro: Apart from interpretation of statute earlier there are number of presumptions that can b in aid of interpreting a statute. However where the meaning of the statute is clear, there is no need for presumption. Vested rights are not taken away without express words: It is presumed that vested rights i.e. rights which a person possessed at time the statute was passed, are not taken away without express words or necessary implication or without compensation. e.g. fundamental rights…

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Precedents kinds

Precedents kinds

Precedents, kinds & factors that destroy the binding authority of precedent: Introduction: It is created by judicial decisions which may be given either by a supreme or a subordinate Court. A judicial precedent is one precedent contains itself a principle of law. Judicial precedents are an important source of law. Definition: The principle or rule of law established in a legal case that is either binding or persuasive for a court, deciding subsequent alike cases. Nature: It is purely constitutive…

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Mischief Rule of Interpretation

Mischief Rule of Interpretation

Mischief Rule of Interpretation: Introduction: Statutory interpretation may be required where complexity & uncertainty arises There are several instances where judges call for statues to be interpreted further; such as “failure of legislation to cover a specific point, a broad term, ambiguity, a drafting error, new developments, & changes in the use of language”. Three rules had been developed accordingly to supply a framework of interpretation. Literal Rule, 2. Golden Rule and 3. Mischief Rule. Mischief Rule of Interpretation: It…

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Intrinsic Sources of Interpretation

Intrinsic Sources of Interpretation

Intrinsic Sources of Interpretation: Statute: Statute means such a book in which contains the laws in the original form, as passed by the parliament, technically it is called supreme legislation. The present day statute are normally divided into parts such as chapters, sections and Articles etc, these parts are generally found helpful in interpreting the statute of which they are contents. The intrinsic sources are also called parts of statute. Following are the intrinsic parts or sources of statute. Commencement:…

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General rules of Interpretation

General rules of Interpretation

General Rules of Interpretation: Intro: There are certain fixed rules for the purpose of interpretation of statutes which have been fixed by jurists. These are the those rules that are used in every matter of interpretation, it means in interpretation every statute first of all these rules must be considered Grammatical Rule of interpretation: It is also called strict rule of interpretation or literal rule of interpretation. Every phrase of law & sentence of law to be interpreted, be according…

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Extrinsic Sources

Extrinsic Sources

Extrinsic Sources: When a statute is ambiguous and all intrinsic aids have failed to resolve the doubt about the meaning and intent, in order to find out the true meaning of statute, extrinsic sources can be concerned. Following are extrinsic sources of statute. History of Statute: In order to decide a case, a judge after not finding a reasonable interpretation from the intrinsic sources, he must read out the history of that statute that under which circumstances that statute is…

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Substantive law and procedural law

Substantive law and procedural law

Difference between Substantive law and procedural law Introduction: Substantive law and procedural law are the main two categories within the law. Substantive law refers to the body of rules that determine the rights and obligations of people and collective bodies. Procedural law is that the body of legal rules that govern the method for determining the rights of parties. In backdrop of procedural law; technical rights can also refer not systematically rights to participation, rights to justice, rights to Information,…

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