Law 2101 Lecture Notes - Lecture 1: Statutory Interpretation, Ratio Decidendi, Glanville Williams
Document Summary
The law, through various mechanisms, sets down various rules. But those rules, or their application to a future matter, are not always clear. There are rules as to how those rules should be interpreted. Courts must decide if facts of particular case fit within general language. No set formula for determining legislative meaning. Rules" of statutory interpretation are better understood as guidelines. Statutory interpretation is probably best described as a process that requires the exercise of judgment in balancing the ordinary meaning of words, the context of the entire statute and the purpose of the statute . The weight to be given to each of these elements in a particular case is not settled. Stare decisis: to stand by decisions and not to disturb settled matters . Courts must follow the decisions of higher courts in the same jurisdiction. Courts should decide like cases alike, i. e. follow precedent.
