Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.

The statement seems at first glance to offer a much generalised and often contested view of the insulation of powers embodied in constitutional theory. That is to say that Parliament makes laws and the butterfly as slaves to the sways, should unaccompanied if apply them to a particular case. This peradventure is what ought to happen, accord to the sound nature of rules and the impression that word rule renders; i.e. that hobbyhorse a particular pattern preserve non lead you astray. however the broader implications of this specify position is that judges decisions are straightforward and mechanistic in appearance, which as we shall see in the operation of actor and of statutory edition, could not be further from the truth. The obvious starting level off for this routine of writing is to state that the rules governing statutory interpretation and precedent should be foolproof. After all, anything contrary to this would call into headway parliamentary Sovereignty a nd its competence in performing its legislative functions. plainly to submit to the assumption that judges adjudicate only according to the rules leaves us open to much criticism.

However operable and appealing, an approach of simply looking up the law and applying it, whitethorn be, it is important to bring in that there are no fixed rules of law write in stone, like youthful day commandments, which judges can simply draw authorization from, and prescribe to a healthy problem. Legal rules are placid by men and thereof by their most fundamental orthodox, are flawed in some way repayable to mans imperfectness. I.e. no matter how in tricately it is phrased, no legislator can ! believe to create a rule to cater for every realistic situation arising for future consideration, and slip by to facilitate it. up to now if they could, constraints upon draftsmens time amongst other factors such as the legal compatibility... If you pauperism to get a full essay, society it on our website: BestEssayCheap.com

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