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Generally speaking it can be said that there are two contrasting
views as to how judges should interpret a statute. Using the
literal approach, dominant in the English legal system, judges look
primarily at the Words of legislation to construe its meaning.
Using the more liberal but very limited rules of construction
judges look outside of, or behind the legislation in an attempt to
find its meaning. It is evident that there are several ways for
statutes to be interpreted. The literal and, to a lesser extent
the, golden rules look to the actual Wording of the statutes. The
mischief and purposive approach go beyond that. Judges cannot make
law, that is the role of Parliament, but they can and do try to
give effect to Parliament's intentions by using the purposive
approach to statutory interpretation. This many would say, allows
judges to create law, by assuming to know Parliament's true
intention in a given piece of legislation or provision of it. It
can be seen as the courts interfering in areas outside their remit,
as per the doctrine of Separation of Powers.
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