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Diploma in Legal Studies


Comments about How do judges make laws? - Effect of the Interpretation of Legislation

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- Module: How do judges make laws?
- Topic: Effect of the Interpretation of Legislation
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Latest Comments

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    Elisha Miller United Kingdom ABC
    2015-05-07 08:05:39

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    Kwabena Amponsah Mensah United Kingdom The effect of interpretation is to make the law real by giving definition and meaning to the statute.The effect would have been serious if legislation are left without interpretation.
    2015-03-22 21:03:21

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    Queenielyn Caballero Japan Reasons for the Interpretation of Legislation Legislation is required to be interpreted for many reasons including: 1. Drafting difficulties original instructions may be unclear legislation may be silent on a particular issue legislation may be ambiguous legislation may be unclear or confusing on a certain point/media 2. Difficulties in applying legislation in the future In spite of anticipating future developments, not all events can be foreseen, making it necessary to interpret the words in statutes in new situations as they arise 3. Inconsistencies in legislation and other laws Acts of parliament may be inconsistent with other acts of parliament or delegated legislation and require clarification
    2015-03-18 13:03:48

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    Rebecca Hudson Australia sub articles and sub paragraphs?
    2015-03-06 03:03:14

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    Ella Rose Mejia Malaysia sub articles and sub paragraphs?
    2015-02-24 13:02:00

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    Tebello Mapane South Africa Effect of the Interpretation of Legislation Giving life to the law The interpretation of legislation by courts gives 'life' to the statutes passed by parliament. The effect of interpretation is to make the law 'real' by giving definition and meaning to statutes. This function of the courts is a by-product of the dispute-resolution role performed by courts. Courts, therefore, make law by declaring what the law is, as contained in (mostly) legislation and delegated legislation. However, the interpretation of legislation only 'makes' law until either: a superior court overrules a decision of a lower court, or parliament changes or alters a court's decision with another act of parliament As such, law made by judges when interpreting legislation is not established forever as 'the' law but subject to later change or development. In order to truly know what the law on a particular subject matter is then, judges and legal practitioners must look at both: the statute dealing with a particular area of the law, and case law arising from that statute and read them together, as if the decisions of judges had been written into the statute itself.
    2015-02-23 15:02:12

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    Primrose Chase Bahamas Do you think that if there be better interpretation by the drafter from parliament judges in higher courts won' t find it necessary to over rule lower courts decisions?
    2015-02-19 04:02:20

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    Primrose Chase Bahamas Using the guideline of the interpretation of the law what ever the judge's interpretation is whether he used a decision or over rule previous decisions that are not on point .
    2015-02-03 18:02:39

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    Amro Selim Egypt It is very important that every interpretation of his law determines its aspects and be deported and all that it involves, and can experts and specialists to contribute to that with Parliament and the judiciary.
    2015-02-01 23:02:06

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    Eregu Stephen Uganda Why is it that binding precedent looks superior to persuasive precedent, because to me the later uses the ward may and former uses the word must.
    2015-01-17 13:01:45

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    Eregu Stephen Uganda About the topic "How do Judges make Law" I was impressed in "To reverse a case, involves a superior courts in the hierarchy changing decision of the lower court and this involves the same case being heard on appeal.Whereas disapproving a case involves a court stating its belief that an earlier case was wrongly decided. If the later court is equal to the court deciding the previous case, the precedent can not overruled" but may be disapproved.
    2015-01-17 13:01:48

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    Mmoloki Gabaitsiwe Botswana Can the Judge use the bible to make precedent law?
    2015-01-06 13:01:41

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    Mallo Jackob Kenya Interpretation of legislation is indeed the process through which the law is given life.
    2014-12-31 10:12:37

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    Rk Sharma India The interpretation of legislation only 'makes' law until either: a superior court overrules a decision of a lower court, or parliament changes or alters a court's decision with another act of parliament As such, law made by judges when interpreting legislation is not established forever as 'the' law but subject to later change or development. In order to truly know what the law on a particular subject matter is then, judges and legal practitioners must look at both: the statute dealing with a particular area of the law, and case law arising from that statute
    2014-12-24 04:12:36

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    Charmaine Webber Australia Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Statutes, however, although they make the law, may be open to interpretation and have ambiguities. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case.
    2014-12-13 20:12:28

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    Samuel Olorunfemi Obayemi Nigeria The interpretation of the legislation gives life to the law. And it helps in making the law to have clarity and to be obey.
    2014-11-30 13:11:07

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    Nöelle Linehan Ireland It is to make the Law "real" by giving 'life' to statutes passed through parliament. The Bill (Ireland) and The White Paper as passed through the 'Supreme Court' formerly "House of Lords" in the UK. Laws to come into affect after been Past.
    2014-11-08 18:11:17

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    mohammed alduboni Jordan I would like to add point , the interpretation of legislation should be in more publicity form so that everyone dose not misunderstand it , and by everyone I mean the week lawyers
    2014-10-26 18:10:15

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      Marinus Kruissen Dominican Republic A parliamentary law is not a law until it has been puplished. How the publication takes place depends on the country. A judment also is not valid until published oe read in public.
      2014-11-28 17:11:15
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    John Obot Nigeria WHAT DOES INTERPRETATION OF LEGISLATION BY COURTS DO TO THE LAW?
    2014-09-17 15:09:04

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    Tyisha Jiles United States of America What is the legislative interpretation?
    2014-09-04 02:09:07

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