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Tuesday 12 February 2013

Statutory Interpretation

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Statutory interpretation

Introduction
This chapter looks at:
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cases illustrating the different rules of statutory interpretation: the verbal rule, the golden rule and the mischief rule; the purposive forward motion to statutory interpretation and the limits to this approach; when the courts will make require reference to Hansard (the of?cial record of parliamentary proceedings); and the impact of the Human Rights shape 1998 on statutory interpretation.

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Chapter 3 Statutory interpretation

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The real(a) rule
When approach with a piece of legislation, the courts are required to interpret its moment so that they can apply it to the facts of the case before them. The courts spend a penny developed a range of rules of interpretation to assist them. When the literal rule is applied the words in a rule are given their ordinary and natural meaning, in an causal agency to respect the will of Parliament. The literal rule was applied in the case of Fisher v Bell (1960).

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Fisher v Bell (1960), Divisional Court
On December 14, 1959, an information was pet by Chief Inspector, George Fisher, of the Bristol Constabulary, against James Charles Bell, the defendant, alleging that the defendant, on October 26, 1959, at his set forth in The Arcade, Broadmead, Bristol, unlaw skillfuly did offer for sale a stab which had a blade which opened automatically by overturn pressure applied to a device attached to the like of the knife (commonly referred to as a ?ick knife) contrary to region 1 of the Restriction of Offensive Weapons Act, 1959.

Lord Parker CJ
The sole principal is whether the exhibition of that knife in the window with the ticket accomplished an offer for sale within the statute. I confess that I think most lay people and, indeed, I myself when I ?rst read the papers, would be inclined to the view that to say that if a knife was displayed in a window like that with a price attached to it was not offering it for sale was good nonsense. In ordinary language...If you want to get a full essay, order it on our website: Ordercustompaper.com



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