How do judges interpret statutes?
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| Submitted: Mon Jun 19 2006
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How do judges interpret statutes? To achieve consistency, judges and legal authorities have attempted to establish guiding principles of interpretation. Statute law, unlike case law, provides rules in the form of a single verbal formula. The words of a statute have a unique authority which words in judgments virtually never have. Statutory interpretation means assessing legislative intention based on the binding rules, on principles and on presumptions as to what Parliament had in mind and on linguistic construction. No argument must be overlooked when searching for all the relevant interpretative factors. Judicial interpretation is unregulated by Parliament, however Parliament drafts Acts in such a way as to minimise the amount of interpretation that is necessary. The reason for this is that to have a high degree of judicial interpretation would compromise certainty and result in redrafting of laws by judges. This would in turn result in more complex legislation drafted to avoid...

