Sample Essay on:
Statutory Interpretation; The Case of Royal College of Nursing of the United Kingdom v DHSS (1981) and the Abortion Act 1967

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Essay / Research Paper Abstract

Judges are often in the position where they have to interpret the law and what a statue means. This 6 page paper considers how this is undertaken in English law, such as the literal rule and the golden rule. These are then applied the different methods of interpretation to this well known case looking at each judges reasoning. The bibliography cites 5 sources.

Page Count:

6 pages (~225 words per page)

File: TS14_TEstatin.rtf

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Unformatted sample text from the term paper:

They need to interpret laws that have been written down in such a way that interpretation maybe difficult. This may be due to difficult drafting, but may also be due to the way in which society has evolved and developed. This was the case with the Abortion Act 1967 (c. 87), s. 1 (1). At the time the Act was written abortion was only possible by way of a surgical procedure, however, medical advances meant that by the time the case of Royal College of Nursing of the United Kingdom v Department of Health and Social Security [1981] 1 All ER 545 occurred, many abortions were carried out wit the use of drugs, and no surgical intervention. Indeed it was this change that prompted the case, as invariably it was the nurses that would administer, or be asked to administer the drugs, or up the dosage. The Act stated under section 1 (1) "... a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner ...". This placed nurses, who are not registered medical practitioners, in a very difficult position and possible in the position of undertaking a criminal action. The case was brought to clarify this, and the key element was the interpretation of the law by the judges. In order to understand this it must first be considered how statutory interpretation takes place. Unlike on the continent the main method of interpreting the law is with the words and phrases themselves used. On the continent the broad meaning and the general intention, this is not the approach under English Law (James, 1987). It is also worth noting that at the time of this case it ...

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