What is the difference between statutory interpretation and judicial interpretation?
Statutory interpretation and judicial interpretation are both tools used to interpret the law. Statutory interpretation is the process of interpreting and applying laws that are passed by a legislature, while judicial interpretation is the interpretation of a law by a court. Both involve a consideration of the history, language, and context of a law in order to understand its meaning. The primary difference between statutory interpretation and judicial interpretation is in the level of analysis used. Statutory interpretation usually involves a review of the literal words of the statute, while judicial interpretation relies on an evaluation of all the surrounding facts, the purpose of the law and the legal principles that are relevant. In judicial interpretation, the court may look to prior cases and other sources for guidance in interpreting a law. Statutory interpretation is typically used for more basic interpretations of the law, while judicial interpretation is used to determine the best outcome in a case that involves complex legal issues. Statutory interpretation is used to arrive at an interpretation of a statute that is mostly predictable, while judicial interpretation is used to determine which interpretation of a law is reasonable and fair in a particular case. This is done by looking at the context of the law, its history, its purpose, and other relevant legal principles. In the end, both statutory interpretation and judicial interpretation help to clarify the meaning of the law and support its effective application.
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