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Describe and illustrate the various approaches (rules) a judge may use to decide the meaning of a statute.
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Mock 5.a) Describe and illustrate the various approaches (rules) a judge may use to decide the meaning of a statute. There are traditionally three methods of interpreting statute. Most judges start with the literal rule and move on to the others if the result is in anyway unsatisfactory. The Literal rule is commonly regarded as the traditional approach where the judges must apply what Parliament has said about the facts of the case as judges do not make the law they apply it. This approach is based on an older rule involving the Sussex Peerage Case (1844), which states, "The words of a statute are clear and unambiguous and should be given their literal and grammatical meaning." This approach is not always a suitable method as it is used to interpret statute by the literal meaning of the words used, not the intentions of Parliament. Because of this the Golden Rule was introduced...
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