The depth of the rules:
When faced with a difficult point of interpretation, an “overall evaluative judgment by the court will be required” . It is believed that “every reading of a statute… is equally valid and, to that extent, statutory interpretation is not objective and interpreters are free within the text to choose from amongst several possible readings of it” . The interpretation of statutes provides the judge with a certain degree of freedom in how they interpret a statute. This is the problem. The way in which the rules are implemented lack consistency. This is more prominent in certain rules rather than others. The literal rule requires words to be taken in their pla...
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... and should be merely looked at as aids in judgment. There is thus no pressure to apply a specific rule because there is no right or wrong rule to apply. This suggests that the rules of statutory interpretation are not as important as portrayed. Therefore the question of whether the ‘rules’ of statutory interpretation are clear cannot be answered as they are not in fact rules but are merely to be taken into account by the judge.
To conclude it is evident that the rules of statutory interpretation are not clear. Though they are useful they lack clarity and guidance, which causes their downfall. When faced with a statute, which is difficult to apply, the judge is left to decide by his or her own judgment what the interpretation of the statute should be. This lack of clarity causes inconsistency in statutory interpretation and further weakens the strength of the rules.
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