Critical Analysis of Judicial Discretion in Application of Various Modes of Interpretation in Liberal State

Abstract

‘Interpretation’ refers to the process of providing a meaningful explanation to a given word in order to derive the right meaning that the speaker intended to. While interpretation of statutes is an important aspect of legislation that involves deriving the right meaning of a statute that the legislature intended to, in order to serve the purpose of its enactment. The judicial system's discretion in its applicability is ideal instruments for handling and addressing issues with the assistance of the present legal framework. They are interested in improving the purpose, integrity, and attributes of laws. The realists argued that there certainly may be several justifications for the judge's judgment which are now perfected by their understanding of the law.

Since the majority of the regulation is now codified in laws, the theory of precedent permits judges to advance the law via decisions that principally involve the comprehension of those legislation. The attempt made in order to safeguard one's rights and liberties from being violated by anybody, including members of the authorities and fellow citizens, is a major concern in the contemporary world, liberalism provides a remedy for this by supporting the upkeep of individual freedom. Its biggest benefit in modern society is the preservation of individual freedom against infringement or infringement by the state. Thus, there exist various modes of statutory interpretation to rescue the judiciary and aid them in arriving at the precise conclusion that delivers justice in the liberal state.

Among the various disciplines of statutory interpretation that have different perspectives about what elements should be taken into account, all of them begin with the text and framework of the legislation itself. In pursuing the ultimate goal of deriving at the actual intention of the legislature, the judiciary adheres to the notion that, if possible, a statute should be interpreted as a cohesive whole, with individual components being understood within a larger statutory framework. A federal democratic society must have the rule of law, which is defined as a collection of interdependent concepts that together form the philosophy or framework of constitutionalism. While the purpose that rule of law seeks to serve is to provide effective guidance to its subjects and this would only be possible when we deduce these in compliance to the legislature’s intention.

Thus, This paper shall attempt to understand the implication of rule of law when interpreted by the judiciary in a liberal state so as to effectuate its purpose of enactment. It shall also attempt to shed light on how judicial discretion in application of various different modes of diverse interpretative approaches has changed over time and its implication in contemporary statutory interpretation. Finally, it shall examine the efficacy of these approaches in advancing the rule of law.

Keywords: Interpretation, rule of law, statutes, constitution, liberalism, judiciary, rights, golden rule, mischief rule, democracy, contemporary world, society.

JEL Classification: K10, K40, K41, K39, K19