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Karten in diesem Stapel (2)
- 1The Literal Rule DefinitionThis is a Victorian approach where the judge reads the statute as a whole putting the words into context and in doing so giving the words their plain, ordinary and grammatical meaning
- 2The Literal Rule featuresThe words of the statue are assigned their natural meaning and so the courts are declaring Parliment's true intention through the words used.
This is probably the most common rule of interpretation used by the courts and is least controversial
The courts will often make use of a dictionary
This approach is heavily criticised as it has been seen to lead to injustice
In R v Judge of The City Of London Court 1982, Lord Esher stated 'if the words are clear you must follow them, even if they lead to manifest absurdity.'
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- Karteikarten am Ohne Titel, erstellt von beckylevns am 09/03/2015.
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