CRIM 135 Lecture Notes - Lecture 3: Precedent, Plain Meaning Rule, Statutory Interpretation
Document Summary
When law is clear determine how that law should apply to the particular facts before them; When law is unclear or ambiguous determine what the law is. 1. 1 what is intended in the legislation when they pass this law. Two models of statutory interpretation: british tradition: 2 assumed full intent of legislature has been set out within the wording of the statute. 3 *legislation is interpreted literally and can be interpreted fully by just the statute. 4 assumed that the law"s intent has been fully formulated within the language of the statute. 5 usually no need to go beyond the wording. 6 purely a positivist approach, the law is the law as it is written and it should enough to apply: european/u. s. 1. 1 hansard look back to debates and report of why this is passed. 2 assumed wording of statute alone may not be sufficient.
