Case Study on Statutory Interpretation Essay Example | Topics and Well Written Essays - 2000 words

Case Study on Statutory Interpretation - Essay Example In presiding over court proceedings, they hear all evidences and witnesses presented by parties involved in particular cases; they then asses the arguments and credibility of the evidences and parties which guide them towards making a ruling on the case at hand. The judgements made by judges are based on a judge or panel of judges’ personal interpretation and interpretation of the law that relate to a particular case.2 However, to avoid subjectivity and erred judgements, judges are guided by principles and rules which they use to interpret statutes. Statutory interpretation is the process through which legislation is rendered and enforced; that is, courts interpret and apply legislation to specific cases being presided on.3 Principles and rules of interpretation of statutes are very important in ensuring that justice is administered appropriately. This is because some words in statutes are vague and ambiguous while others are plain in meaning. Therefore, different level and am ount of interpretation is needed when a case is involving a statute.4 In order to interpret and apply statutes, judges usually find meanings using various methods and means of interpreting statutes. These methods and means include the purpose of legislation, history of legislation, and the canons of interpreting statutes. In some instances, the meaning of legislation has proved to be inconsistent hence need for interpretation in order to achieve the purpose of legislation. For constituency to be achieved in the interpretation of legislation meaning, judges in the courts of law use specific principles and rules to resolve vagueness and ambiguity that appear in statutes. It is imperative to note that different principles and rules of statutory interpretation may be applied. The application of these principles and rules depend on the nature of the ambiguity and the context in which ambiguity and vagueness arises.5 Statutes are drafted by legal experts and it is the language used in the statutes leave little room for interpretation. However, experience by legal practitioners and scholars have shown that expressions and words in statutes are in some cases ambiguous hence the need to resolve the inconsistencies. They argue sometimes interpretation of legislation may differ from its construction.6 Interpretation is the process of finding out the true meaning of a given word and ascertaining the sense that the author wanted to convey. As such, a statute being a legislature edict thus its interpretation should seek the intention of its author or maker. The obligation of the judiciary, therefore, is to interpret the true intention of the Legislature in formulating the statute at hand.7 In an event that the provision of a statute is open to more than one interpretation, the court has to make a decision or an interpretation that represents the true purpose of the Legislature. It is worthy pointing out that legislation contains uncertainties due to a number of reasons ther eby necessitating interpretations. These reasons include the following: one, in the course of enactment uncertainties may be added to the statute. Two, new technologies, cultures, and unforeseen situations often make interpretation and application of laws quite difficult. Three, words can sometime be ambiguous and its meaning may change over time hence making them imperfect symbols to

Educational performance Case Study Example | Topics and Well Written Essays - 2000 words

Educational performance - Case Study Example Thus, there is a greater impact of the social class on the education of the children and the parents' attitudes towards the education of the children. In this case there are two main concepts given and these are known as resistance and conformity. These two concepts are the main ones in order to understand the attitudes of the parents towards the education of their children. There is a higher probability that the parents shall be resisting or conforming to the children acquitting the college degree. These parents need to ensure that there is an important role being played by education in the success of the children in future. It has also been seen that there are higher chances of the occupational success of the children who have the higher education. However, in this case Librarians of Institutes of Education (Great Britain), British Library (2000) observed that the acquiring of education is dependent on the social status of parents as the poor people are against the education and degree acquisition from the British universities. In this case a great deal of research has been done on the children as well as the British parents and it has been observed that there are many parents are not developed socially and they resist the education of the children at grade 1 level in the British schools. Because of this resistance there is a change in the concept of self and the desire to get the education. In this case, the main role is also played by the beliefs that are held by the parents. There are many parental differences that make a difference in the attitudes of the children towards the schooling and it is realized that the schooling has been realized that if the schooling is realized as a socializing agency. According to the concepts that have been given in this case, Cox, (2000) says that the education of a pupil is dependent on the educational potential that the pupil has and the pupil is in turn dependent on the social position of the pupil. There are some assessments of the parents that are related to the children and their education and the social status of the parents play important roles. Vermeulen and Perlmann (2000) say that the assessments of the British parents are related to social representations. The carrier systems of the social interpretations are included in the analysis of the social interpretations. There are some studies carried out that make sure that there is an inclusion of the educational experiences of the parents as if the education of the parent is higher than the expectations of the children from the children are higher. It has been seen that the social representation of the parents has been included in the educational opportunities. There are many theories that have been given in relation to these attitudes and Rogers (2005) has observed that if the parents are educated, they are nearer towards the education system and they realize the changes that are taking place in the education system as well as the needs that are needed in the children. In addition to this, they understand the importance of the education in the children