Interpretation of Statutes by Judges Essay Example | Topics and Well Written Essays - 1500 words - 1

Interpretation of Statutes by Judges - Essay Example For the autonomy of duty to prevail, judges, who are agents of the judiciary, are expected to interpret statutes by giving effect to the will of Parliament without amending statutes. However, in judiciary practice, statutory interpretation has been said to be subject to different approaches of construction, some of which give judges the powers to amend statutes when giving interpretations (McCloskey & Sanford 2005, p. 66). In this paper, two overall approaches to construction which are intrinsic and extrinsic interpretations are reviewed to have a deeper understanding as to whether in the interpretation of statutes judges simply give effects to the will of Parliament or amend status under the disguise of interpretation. Gluck (2004, p. 1764) noted that statutory aids to interpretation come in two major forms which comprise the use of intrinsic material and extrinsic material. When judges use intrinsic aids, they use materials found within the statute being interpreted, whilst the use of extrinsic aids involve the use of materials anything not found within the statute (Bennion 1997, p. 10). Using extrinsic aids have thus been referred to as non-adherence to literalism as literalism involves the strict adherence to what is found in the statute (Sullivan 2006, p. 74). The Interpretation Act 1978 is one specific aid to interpretation. This is because as seen in Hutton v. Esher UDC 1973, the Interpretation Act 1978 provides that any common term it defines to be used in interpreting any statute that contains the word or term. In Hutton v. Esher UDC 1973 therefore, the land was defined to include buildings acquired for the purpose of compulsory purchase and this interpretation was strictly used in the ruli ng of the judge.