Legislative intent
Under common law, the courts sometimes face the following difficulty:
Under common law, the courts sometimes face the following difficulty:
- the meaning of the law/ legislation is ambiguous or obscure
- an usual interpretation of the law results in absurd result(s)
To tackle the problem, the courts may have to, go back to the basics and, figure out the original intention of the legislation. In other words, the legislative intent. It's helpful to read the parliamentary documents containing the relevant dicussions by the lawmakers when the law (often involving controversial issues (e.g. immigration) was written. Pepper v Hart [1993][1]
References
- ↑ A general overview of Hong Kong’s Interpretation and General Clauses. Eamonn Moran, Frances Hui, Allen Lai, Mabel Cheung & Angie Li, en:Department of Justice (Hong Kong), November 18, 2010
Content Disclaimer
Informasi ini disarikan dari Wikipedia dan disajikan kembali untuk tujuan edukasi. Konten tersedia di bawah lisensi CC BY-SA 3.0. Kami tidak bertanggung jawab atas ketidakakuratan data yang bersumber dari kontribusi publik tersebut.
- The information displayed on this website is sourced in part or in whole from Wikipedia and has been adapted for the purpose of restating it. We strive to provide accurate and relevant information, however:
- There is no guarantee of absolute accuracy. Wikipedia is an open, collaborative project that can be edited by anyone, so information is subject to change.
- It is not intended to constitute professional advice. The content displayed is for informational and educational purposes only. For important decisions (e.g., medical, legal, or financial), please consult a professional.
- Content copyright. Wikipedia is licensed under the Creative Commons Attribution-ShareAlike License (CC BY-SA). This means that content may be reused with appropriate attribution and shared under a similar license.
- Responsible use. Any risk arising from the use of information from this website is entirely the responsibility of the user.