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Friday, May 3, 2019

When interpreting statutes, do judges simply give effect to the will Essay

When interpreting statutes, do judges simply give effect to the will of fantan or do they amend statutes beneath the guise of interpretation - Essay Example2). Therefore, statutory interpretation refers to the process of expounding and giving account statement for the easy understanding of the legal system. Dalhuisen (2014) states that statutory interpretation in England is an ongoing change with a goal-directed approach hence promoting the overall legislative aim of enactments. This paper is a discussion of how the English statutes atomic number 18 interpreted it is to find out whether the judges simply give effect to the will of the fan tan or they amend the statutes under the guise of interpretation when interpreting the statutes.In answering the question, the paper will beginning(a) give a brief description of the will of the Parliament and the amendment of statutes in the English legal or judicial system. It is reported that the will of the English Parliament is only expres sed through an Act of Parliament (Twining and Miers 2010). This means it has vital concrete effects thereby preventing forceful imposition of decrees upon the law by an high-and-mighty or a despotic leader. This is unlike what characterize the French assemblies where dictatorial monarchs conduct abrupt resolutions on the law to suit personal interests. This principle in which Parliament speaks singly through an Act of Parliament immensely increases the authority of the English judges (Dicey 2013). Hence any bill which has been subjected to a statute mechanically becomes subject to the judicial interpretation. It is also reported that the independence of the English Parliament ensure that it does not step in with other authorities of the regular course of law.The amendment of a statute refers to a designed process of adaptation applied to make changes in an existing legal structural provision (Slapper and Kelly 2010). In the event of an amendment textual codification is applied bec ause there is an adoption of a new provision which substitutes the existing contents. However, this procedure has 1 main challenge that the amendment has very limited sense or meaning

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