Case Law.docx - Case Law Judge Made Law Report What is the...

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Case Law/ Judge Made Law Report What is the difference between statuary interpretation and development of common law principle? Statuary interpretation in required when a judge or justice need to make a decision to interpret a statute. This is necessary when the meaning of a statute is unclear because of a particular reason. One of these reasons could be because of the English language and the way the statute is written in an unclear way because of the language, poor drafting of the statute or just anything that makes the statue unclear. Common law principles are the principles that are in place that judges must adhere to when making statuary law and they are there to assist them. These are called parliamentary aids. These include: Definition Section- This outlines how phrases or words must be interpreted in statutes and are in the first sections of the statute. Object Clause- Sets out the purpose of the statue. Acts Interpretation Acts- The acts interpretations acts are acts that explain how words or phrases are to be interpreted by judges/ justices. For example ‘he’ can also be known as ‘she’ unless it is expressed otherwise. Hansard- Judges are allowed to look at the written records (Hansard) to determine the meaning of a statute. This means that the difference between statutory interpretation and common law principles is that common law principles are principles that help the judge make the decisions and statutory
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