In the 18th century Louis 15 tried ruling as absolute monarchs - ended up executed
Separation of power
Parliament makes laws, judges interpret it
If judges try to interpret laws broadly, face trouble because it isn’t their job
General election makes parliament the primary law makers
Judges can only make case laws, however it isn’t primary legislation
If every law has is own literal meaning, everyone can understand it, as we have to understand it
to abide by it - literal approach to interpretation
Golden rule - judge uses the literal approach, then try to remedy this issue my referring to
context
Mischief rule - does the prohibition create a mischief
Purposive approach
Most used by contemporary judges
Actively used by current Supreme Court
When judges interpret a particular law they look at the statute as a whole
Other approaches were used historical, this one is used contemporarily
Look at the purpose of the requirement
Judiciary can be divided in a particular issue
Majority opinions
Becomes the binding ruling of the case
Decenting opinions
Don’t bind laws
1. Law is uncertain, u have a norm in black and white but the interpretation is uncertain
Separation of power
Parliament makes laws, judges interpret it
If judges try to interpret laws broadly, face trouble because it isn’t their job
General election makes parliament the primary law makers
Judges can only make case laws, however it isn’t primary legislation
If every law has is own literal meaning, everyone can understand it, as we have to understand it
to abide by it - literal approach to interpretation
Golden rule - judge uses the literal approach, then try to remedy this issue my referring to
context
Mischief rule - does the prohibition create a mischief
Purposive approach
Most used by contemporary judges
Actively used by current Supreme Court
When judges interpret a particular law they look at the statute as a whole
Other approaches were used historical, this one is used contemporarily
Look at the purpose of the requirement
Judiciary can be divided in a particular issue
Majority opinions
Becomes the binding ruling of the case
Decenting opinions
Don’t bind laws
1. Law is uncertain, u have a norm in black and white but the interpretation is uncertain
