Using case law illustrations, explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule. Statutory interpretation is the process used by courts to interpret and apply legislation, although Acts of Parliament are written by expert draftsmen, the statute for the case before them may not be clear.
Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it has already been automatically implied, also the definition of the word can be broad which causes uncertainty ,the wording of the statute can be deficient due to a printing or a drafting error. There are three rules, courts use to interpret statutes, they are known as, The Literal Rule, The Golden Rule and The Mischief Rule.
Under The Literal rule, words in a statute are given their plain, ordinary meaning even if it leads to an absurd ending; this was shown in R v City of London Court Judge (1892), Lord Esher said “If the words of an Act are clear you must follow them, even though they lead to manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity”.
Another case which illustrates the literal rule is Whitely V Chapell (1868), under a statute it is a offence to impersonate another person who is ‘entitled to vote’ in an election, D had used a dead person’s name to vote in an election, using the literal rule, D was acquitted as a dead person is not ‘entitled to vote. ’ If the words used in a statute are ambiguous and lead to an absurd outcome, courts are allowed to modify the meaning to avoid the problem; this is known as The Golden rule.
Strategy Composition IP
Strategy Composition IP.
Deborah enters your office, and you notice that she looks apprehensive. “Hi, Deborah. What’s up?” you ask, hoping that nothing is wrong. “Well, your team is doing an excellent job researching, and you’ve been keeping me up-to-date on your findings. My concern is that we are approaching this from a narrow-minded approach.” “How so?” You ask. You are puzzled. “Our team has been looking at every aspect of the company and considering both internal and external pros and cons.” “We need your findings put into some kind of management system so we can really see where we are headed regarding our global expansion. I think we need to cover our bases here. Please report back to me next week with your thinking put into a framework.” Complete the following: 1. A balanced scorecard suggests that we view the organization from four perspectives (the learning & growth perspective, the business process perspective, the customer perspective, and the financial perspective). Briefly discuss these four perspectives analyzing what each means to your organization? Based on this analysis: 2. What other strategies would be a good fit for your company profile? 3. Provide a brief overview of these strategies. 4. Why is it important to have more than one strategy in mind when pursuing global expansion? The materials found in the M.U.S.E. may help you with this assignment such as the audio file Choosing a Strategy. This file provides real-world experience that may help you with this assignment. In addition, here are a few resources that may help you learn more about the basics of the balanced scorecard: http://balancedscorecard.org/Resources/About-the-Balanced-Scorecard http://ap-institute.com/kpi-white-papers/what-is-a-modern-balanced-scorecard.aspx You decide that Deborah has brought up another good point that should have been discussed in the beginning of the project. You make a note to add this to a list of project management ideas to help make future projects go smoother. Complete the following: 1. What other strategies would be a good fit for your company profile? (Provide a brief overview of these strategies) 2. Why is it important to have more than one strategy in mind when pursuing global expansion?
Essay Help “>Essay Help