INTERPRETATION AND LAWMAKING BY THE COURTS IN ENGLISH COMMON LAW SYSTEM (İngiliz Teamül Hukuku Sisteminde Mahkemelerin Yorum ve Kanun Yapması)
Abstract
Parliaments have a supremacy in the making Law in the most of
the states regardless it has the common law system or civil law system.
Parliament as an elected power that adopts, replaces, or repeal laws
whereas courts implement and interpret the enacted laws and makes laws
where a relevant law or precedent is absent to solve a problem in a specific
case. The more for the parliament is clarifying, modifying or replacing the
common law precedents and jurisprudence. The judges’ main task is to
interpret the statutes utilizing the rules of interpretation.
This essay aims to give brief explanation on the rules of interpretation
in the United Kingdom as a foremost common law example. These rules
are examined under the mainly four titles: the literal rule, the golden rule,
the mischief rule and the purposive approach. Apart from this issue the
article mentions the tasks of the courts beyond the interpretation.
Keywords
References
- ADAMS J N, and BROWNSWORD R, Understanding Law, 3th edn, Sweet&Maxwell, 2003.
- BELL J and ENGLE G, Cross Statutory Interpretation, 2th edn, Butterworths Publishing, London, 1987.
- DWORKIN R M, ‘The Model of Rules’, (1967), Faculty Scholarship Series, Paper 3609, 14-46.
- ELLIOTT C, English Legal System: Essential Cases and Materials, Pearson Publishing, Harlow, 2009.
- FOWLER R L, ‘The Future of the Common Law’, (1913), 13 Colum LR , 595–611.
- HART H L A, The Concept of Law, 2nd edn, Oxford university Press, Oxford, 1994.
- GARDNER J, ‘Some Types of Law’ in Common Law Theory, Douglas E Edlin (ed), Cambridge University Press, Cambridge, 2007, 51-80.
- WOOLF L, ‘Droit Public - English Style’ (1995) PL 57.
Details
Primary Language
English
Subjects
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Journal Section
-
Authors
Özgür Beyazıt
This is me
Publication Date
January 15, 2016
Submission Date
January 15, 2016
Acceptance Date
-
Published in Issue
Year 2015 Number: 6