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Describe and illustrate the various approaches a judge may use to decide the meaning of a statute. Illustrate your answers with cases.
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Law A) Describe and illustrate the various approaches a judge may use to decide the meaning of a statute. Illustrate your answers with cases. When a judge comes to deciding upon a case he must apply the necessary legislation, and although it is drafted clearly and with great detail, problems can sometimes arise in the interpretation of what the actual law is. Sometimes the problem can be that the language of the statute could be misunderstood, or not clear enough to what is actually meant. For example, in the Offences Against the Persons Act 1861, it was stated that, 'whosoever, being married, shall marry any other person during the life of the former husband or wife shall be guilty of bigamy.' But what does the word marry mean? The problems arise when information is misinterpreted, and there are three reasons why this may occur- 1) The statute is complicated and of a...
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