‘There Is No Such Thing as a Rule of Statutory Interpretation; There Are Only Guidelines for Judges to Choose from.’

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The rules of statutory interpretation include the literal, purposive, golden and mischief rules. These rules have been criticised by many as being inconsistent and uncertain in the way in which they are applied in court as the judge can essentially ignore the rules. For example, in the case of Re M (A Minor) (Care Order: threshold Conditions) [1994], Lord Templeman has to deal with an argument concerning a child’s welfare. The case was about who should take care of the child, the statute set out rules where the child ‘a court may only make a care order or supervision order if it is satisfied—that the child concerned is suffering, or is likely to suffer, significant harm;’ The child had been in such danger but at the time of the trial the circumstances had changed. The act was created to protect children and Templeman regarded the arguments on the words ‘is suffering’ as a distraction from the aim. ‘This is an example of judicial practicality and desire to see justice down’ . This case illustrates that the ‘rules’ of statutory interpretation do not have to be followed exactly and are merely guidelines. Lord Templeman states that the rules of interpretation have ‘an aura of scientific authenticity about them when the reality is that interpreting any document is more of an art than a science’ . In other words, the rules can only be guidelines because judges will clearly have different interpretations. ‘Judges are not robots’ and therefore the way in which they approach a problem of interpretation will obviously

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