Introduction To Law And Regulatory Framework

Introduction to Law and Regulatory FrameworkPART AThe Literal RuleThe veridical hold instrument the translation of statute(predicate)s , or word or joint communication therein , purely according to their unfeigned tell . It means followe the literal , nondescript or lifelike significance of actors line (Statutory Interpretation , online submit , viewed 20 celestial latitude 2007 , HYPERLINK hypertext transfer protocol /www .richinstyle .com /masterclass /smallerblack /interpretation .html http /www .richinstyle .com /masterclass /smallerblack /interpretation .html . This recover applies when the language of the law is clear and obvious much(prenominal) that it leaves no room for interpretation . Thus according to Jervis CJ in Abley v . Dale (1857 , If the precise words utilise are field of study and unambiguou s , in our venturement we are bound to construe them in their run-of-the-mine soul , even though it does lead to an lightheadedness or manifest manginessThis hold has advantages and disadvantages . As for the first , it results in a quick decision because the meaning lot be establish in a dictionary or ordinary source . It respects parliamentary supremacy because a try s function is to apply the words of Parliament and not to sorb in law (AS Law : Sources of Law and Law make , online guide viewed 20 December 2007 ) As for the second , it may give away such evil as owing to too practically reliance on the literal meaning of words in a statute . Thus , the literal meaning can produce absurd outcomes , create injustice and result in outcomes that do not match parliamentary marks (IbidA case in point is Whitley v . Chappel (1868 ) 4 LRQB 147 . This involved a statute which declared illegal the im psycheation of either person authorise to vote . The defendant herein impersonated a dead person who according to ! the court , apparently utilize the literal rule , was not entitled to vote . then , the defendant was acquittedCome at once the case of Charles . Under the literal rule , Charles should be found fineable of an offense at a lower place the Vehicles in City Centres symbolise . The Act defines fomite as any wheeled deportation for carriage of people or goods Applying the rule , there is no doubt that said wheelchair is such a wheeled tape transport . Therefore , Charles is guilty of knowingly bringing a vehicle into the Sleaford City CentreThe opulent RuleThe golden rule was defined in Grey v . Pearson (1857 ) 6 HL Cas 1 , as the ordinary thought of the words to be adhered to , unless it would lead to fatuousness , when the ordinary sense may be modified to distract the absurdity scarce no further Lord Reid in Luke v . IRC wrote that it is sole(prenominal) where the words are absolutely unequal to(p) of a grammatical construction that it allow accord with the a pparent intention of the provision and will avoid a wholly preposterous result that the words of the enactment must prevailThis rule may be use applying the constringe approach and the wide approachThe narrow approach is used when a word is capable of being interpreted in different meanings . Here , the judge selects virtuoso meaning that best fits the situation (AS Law , Op . Cit . Thus , the...If you unavoidableness to get a liberal essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper