English Legal System & Practice Essay Example | Topics and Well Written Essays - 1000 words

English Legal System & Practice - Essay Example3) Ordinary words must be construed in their common meaning, and technical terms are to given their technical meaning, unless absurdity would result (golden radiation diagram). 4) When an Act has a curing of defect in the law for its purpose, any(prenominal) ambiguity shall be resolved in such a way so as to fulfil that aim (mischief rule). 5) When a list of specific items that move to the akin class is followed by general words, the general words are to be regarded as confined to the new(prenominal) items of the same class (the rule ejusdem generis (of the same kind). 6) When a list of specific items is non followed by general words, it is to be regarded as exhaustive (the rule expressio unius est exclusio alterius (the inclusion of the one is the exclusion of the other). 7) When a prior Act is found to be on the like matter, it can be used as an aid in construing the decree in question (the rule in paru materia, on the like matt er). 8) When a word or group of words has uncertain meaning, its construction should keep in the light of its surrounding words (the rule noscitur a sociis (known by its associates). (Rules and Principles of statutory Interpretation 295). In addition to these rules, there exist several(prenominal) general presumptions with regard to interpretation of statutes. The latter are presumed not to bind the Crown in its decisions not to operate retrospectively in the sphere of material (but not procedural) law not to infringe upon vested rights not to interfere with the jurisdiction of the courts and not to contravene Acts on constitutional rights or norms of international law (Rules and Principles of Statutory Interpretation 295). The aforementioned rules of statutory interpretation may be illustrated by the following examples. In London and North Eastern Railway Co v Berriman (1946) the court decided that the claims of damages by the widow of the railway worker knocked down and killed b y a train should not be satisfied as the statute provided that compensation was available to workers killed when engaging in relaying or repairing tracks, while the worker in question was involved in doing routine maintenance, which the court deemed not being within the meaning of relaying or repairing (Elliott and Quinn 44). This case may be taken as an example of literal rule in practice. The golden rule was used in interpretation of Section 57 of the Offences Against the Person Act 1861 in R v Allen (1872), when the court ruled that the phrase whosoever being marry shall marry any other person during the life of former husband or wife... shall be guilty of bigamy led to the absurd conclusions, as it was impossible for a person already married to marry anyone else, and the wording was accordingly changed from shall marry to shall go through a marriage ceremony (Elliott and Quinn 46). Finally, the case of L affair Cherifien des Phosphates Unitramp SA v Yamashita-Shinnihon Steamshi p Co Ltd (The Boucraa) (1994) demonstrated the application of presumption against retrospective effect in court ruling (Elliott and Quinn 50). This and other cases show how the rules of statutory interpretation are applied in the English case law. 2. The System of Judicial Precedent and the Right of House of Lords not to Be Bound by Its Own Past Decisions The modern English case law grew up out of standardisation of various common laws of England undertaken by William the Conqueror in the s half of the 11th