Constitutional Significance Of Law Essay

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The constitutional significance of legislation is the moment where parliament as the Crown, voice of the Lords, and ‘common’ people where in the moment of unity, make their own law. This is also known as Parliament Supremacy. Hence only parliament can make law. Judiciary however are the judges and courts that interprets and applies the law and statutory interpretation is the approach of interpreting the law. When the courts come to apply this general will of the ‘crown in parliament’ to the particular facts of the case, they must try to be faithful to the words, but also they must ‘translate’ them so that they are meaningful in the context.

Where there is ambiguity, uncertainty or absurdity, the law has developed a number of techniques or approaches of reading and understanding statutes called rules. Some judges prefer to use one rule while the other prefers another, however to provide certainty of law once an interpretation is applied it will then form a precedent for similar cases in the future to follow.

The first and most common rule is the literal rule sometime known
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In other words, it is to make sure the parliament’s will is followed through. In Smith v Hughes (1960) where six women was charged in offense of the Street Offences Act 1959 which states that it is an offense for common prostitute to loiter in a public place for the purpose of prostitution. However, all the six women argued since they were indoors, they were not in a public place. Nevertheless, Lord Parker rebutted the arguments in relation of the mischief aimed in the act. The problems with mischief rule are the risk of judicial law making where judges try to fill the gaps of law with their own view. It can also lead to uncertainty of law, where different judges prefer different rules, it would be impossible for lawyers to predict and advise on the

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