173,390 views
14 votes
14 votes
The principles evolved by the courts in England in interpreting statutes are adopted and applied with local

modifications by the Malaysian courts in interpreting local legislation. However, the rule of statutory interpretation
does not have binding force and no obligation upon judges to apply them or when applying, not to do so in order or
priority
Explain the said rules to statutory interpretation with related law(s) and case(s) if any.

User Chuck Norris
by
3.0k points

1 Answer

19 votes
19 votes

Answer:

In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law is, as Chief Justice John Marshall announced in 1803. When courts render decisions on the meaning of statutes, the prevailing view is that a judge’s task is not to make the law, but rather to interpret the law made by Congress. The two main theories of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. The problem is especially acute in instances where it is unlikely that Congress anticipated and legislated for the specific circumstances being disputed before the court. While purposivists argue that courts should prioritize interpretations that advance the statute’s purpose, textualists maintain that a judge’s focus should be confined primarily to the statute’s text.

User EightShirt
by
2.7k points