Essay
M3 apply the rules of statutory interpretation.
- Institution
- PEARSON (PEARSON)
m3 BTEC Business Level 3 Extended Diploma Unit 23
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Apply the rules of statutory interpretationThe House Number Act (2001)
An Act of Parliament to improve the visibility of house numbers.
S (1): All houses shall have a number
S (2): The number must be displayed at the front of the house, on or near the door
S (3):
(1): The number(s) must be at least 7cm high
(2): The number(s) must be painted a different colour from the door
S (4): The above sections apply to residential properties only
S (5): Conviction for an offence under sections 1-3 shall be punishable by a fine not
exceeding £50
The situations:
1.Mr and Mrs A live in an upmarket area where the houses only have names. Their
house is called ‘The Larches’ and has no number.
2.Miss B has a brand new all-glass door. Her number is screwed to the garden gate.
3.Mr C, lives in a flat over a chemist shop but has his own door at the back of the
shop, which has no number.
4.Mrs D lives with her daughter in a cottage. They have a large plaque that they
ordered from the garden centre. It has a beehive in the centre, the words ‘Honey
Cottage’ written across the top and the words ‘TWENTY SEVEN’ written along the
bottom. It is screwed to the wall next to the door.
Analyses:
Statutory interpretation is the process of interpreting statutes by the judges. This is
needed due to the fact that in some acts of the Parliament there are some statues
that have had very specific words with different meanings therefore it contains
ambiguity and vagueness in words;for example, we can find in the Oxford Dictionary
where a word would contain at least one meaning. Hence, without the statutory
interpretation, a lot of judges would have trouble in deciding their judgments in a
case.
Furthermore it could arise problems when interpreting statutes as the Judges have to
decide what parliament meant by a particular piece of legislation. In most cases
judges correctly judge of what the intentions of parliament was at the time of passing
the law and whether it still applies in the present time. However, as you with all
methods there are disadvantages. Judges can often misinterpret the act or
legislation. Other factors which may arise as a problem is their ruling must abide with
the Human Rights Act and European Law. This may lead to laws not being applied
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