ENG 4339 Lecture Notes - Lecture 27: Rent Act 1977, Dangerous Dogs Act 1991, Assured Tenancy
Document Summary
Reasons why the meaning may be unclear: failure of legislation to cover a specific point. Question as to whether courts should interpret to include the situation that is omitted from the legislation. Active judge is one who believes they should fill in the gaps", passive judge think it is left to parliament and it is not the role of a judge to make law: a broad trem. Legislaion may use words to cover several possibiliies. Act 1991 any dog of the type known as the pit bull terrier". Same as breed"? (brock v dpp, the times, 23 july 1993). Covered dogs with a substanial number of the characterisics of such a dog, not just the pedigree breed: ambiguity. Secion 57 of the ofences against the person act 1861 made it an ofence to marry" while original spouse is sill alive and there had been no divorce.
