Statutory Interpretation And The Law Of The Country

2005 Words Aug 18th, 2014 9 Pages
Question 1
A statute is the formal and the written law of the country. It is passed by the legislative authority of the country. Generally, statutes, and, prohibit or declare something and sometimes, they are also called as legislation. In this way, statutory interpretation means the interpretation of the statutes by the courts. This interpretation takes place when an Act of the Parliament is not clear and as a result, it creates uncertainty in the law. Therefore, statutory interpretation is required when an Act passed by the Parliament is not clear, for example a term could have been used to covers a number of opportunities. Similarly the meaning of a term can also change its meaning over the period of time which results in an uncertainty (Corbin, 2007). There are four main approaches that are adopted by the courts to interpret statutes. These are the literal rule, golden rule, mischief rule and purposive approach. The judges are required to interpret statutes so that they can arrive at their decisions (Jones, 2007).

The issue in the present case is that the Restriction of Offenses Weapons Act, 1959 provides that a person who sells or hires or offers for sale any knife which has a blade that opens automatically by the pressure of and applied to a button, spring or other device, commits an offense. The issues that need to be decided are in the same offense has been committed by Jane, Tony and Fola.

Rule of Ratio and Analysis
The facts of the present…
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