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Whatever the intention of Parliament in creating statutes, it cannot accurately be established without reference to Hansard. Methods of statutory interpretation which did not allow Hansard to be used were guesswork. Discuss.
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STATUTORY INTERPRETATION Whatever the intention of Parliament in creating statutes, it cannot accurately be established without reference to Hansard. Methods of statutory interpretation which did not allow Hansard to be used were guesswork. Discuss. According to the traditional theory of the division of powers, the role of the judiciary is simply to apply the law that Parliament ahs created. This view is however, simplistic to the extent that it denies or at least ignores, the extent to which the judiciary has a measure of discretion and creative power in the manner in which it interprets the legislation that comes before . Essentially, there are two contrasting views on how judges determine the meaning of a statute, by the restrictive literal approach, or the more permissive purposive approach. The literal approach holds that the judge should look primarily to the words of the legislation in order to construe its meaning, and should not look...
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