Rules of Statutory Interpretation Essay Example | Topics and Well Written Essays - 2250 words

Rules of Statutory Interpretation - Essay Example In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons. The use of rules and approaches in statutory interpretation is necessary because of the following reasons: more often than not, words have more than one meaning; errors of omission or commission may have been committed during the drafting if the statute; words can prove to be imperfect means of communication; and, society may experience new developments that may render some words in the statute out-of-date since they can no longer cover contemporary situations.2 Rules and approaches to statutory interpretations have been developed by the judges; the Interpretation Act of 1978 provides basic definitions which are necessary during statutory interpretations.3 As a matter of fact, the main function of the courts is to interpret the Acts of Parliament; they have the role of attempting to establish the Parliament’s intention in passing of a particular Act and make a decision based on that intention. However, there is a view among legal scholars and practitioners that the rules and approaches that apply to statutory interpretation give too much latitude to the courts, and there seem to be no underpinning principles.4 It is in the light of this that this paper will focus on the rules and approaches that apply to statutory interpretation and discuss the validity of this view. In addition, it will consider the influence of the European Law in regard to this topic. As has been noted, the courts use rules and approaches in interpreting statutes. Conventionally, the judge will perform the following tasks during statutory interpretations: consider the legislative intent of the statute, objective meaning of the appropriate text, the traditional canons of the statutory interpretation, and the general purposes and policies behind the legislation among others.5 Based on those considerations, the court may determine how the statute could be interpreted to mean.6 However, the court may also determine that there is no sufficient reason to prefer one way of interpretation over the other. This is one of the reasons that make some legal scholars and practitioners to have the view that the rules and Approaches that apply to statutory interpretation give too much latitude to the courts.7 They argue that even though it is assumed that diligent application of these rules and approaches will enable the courts to be persuaded on which interpretation is legally preferable; in some cases the courts encounter frustrations while attempting to find the legally preferable interpretation of statutes. As a result, sometimes judges have to pretend that these rules and approaches have yielded decisive interpretation when in real sense they have not, a situation that encourages arbitrariness and obfuscation in making of judicial decisions.8 In order to effectively discus s the validity of the view that 'The Rules and Approaches that apply to statutory interpretation give too much latitude to the courts, and it seems there are no underpinning principles', it is important to understand what these rules and

Master Plan for Training and Capacity Building of Staff Outline

Master Plan for Training and Capacity Building of Staff - Outline Example It is said so because need analysis defines the gap which exists between current and desired state of organizational and individual performance. The basic purpose of conducting need analysis is to measure the performance and resolving issues related to performance or in case of introducing new technology, task or system or a when an organization desires to take advantage out of an opportunity. There are several ways of providing training to employees in order to polish and sharpen their performance. Some of these methodologies should be included by the firm as training programs in order to build the working capacity of employees. Off-the-job training includes activities through which employee can get training by being out of the workplace. Distance learning, working day releases, self study, sponsored courses are some examples of off-the-job training which must be included while designing a master plan. Appraisal reviews helps in knowing what types of penetrations and variations are required to be included in the training program. Feedback of workers and employees can help in developing a genuine and constructive appraisal review. Difficulty Analysis is commenced in order to determine which type of tasks cause greatest amount of difficulties to employee and how they can be resolved through better training. Difficulty analysis is constructive in enabling the need analysis to weigh different aspects of training in relation to reducing the trouble that the workers might face. Motivation is vital for employee development and capacity building. Intrinsic motivation depends on self esteem, self confidence etc. Individual program should be made in order to deal with employees separately as every other person has different level of intrinsic motivation. Individual employees program should stress on the importance of skills, attitude and other assets that can boost the confidence of employee.