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Words: | Submitted: Mon Jun 19 2006
... approach to judicial interpretation has been necessitated by Parliamentary draftsman's use of very detailed and precise language to demonstrate the intention of Parliament. Where litigation is brought before the British courts its is more often then not because clarification is needed of the meaning of a particular part of a statute; this problem was clearly "identified by Lord MacDermott when he stated that the difficulty lies with finding unambiguous words with which to convey the intentions of the legislature (taken from Heap, 2000, p185). Numerous European legal systems have traditionally taken a purposive approach to Judicial interpretation; the clear influence of which can be seen on Community legislation; the Community treaties set out very clearly their objective and purpose. Community law can be compared to a Skeleton; the Skeleton provides the basis for the law; it is then job of the European judiciary to provide the meat for the skeleton ...
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