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Monday, July 11, 2011

The Judge in Ireland by Dr Eamonn G. Hall, Solicitor and Notary Public

The Judge in Ireland by Dr Eamonn G. Hall, Solicitor and Notary Public: "The draftsman works with words. "Words are imperfect instruments". The icy degree of certainty and precision found in mathematical formulae cannot easily be achieved with words. The judicial scope for “ironing out the creases” 33 in legislation is because
“… of the inherent frailty of language, the difficulty of foreseeing and providing for all contingencies, the imperfections which must result in some degree from the pressures under which modern legislation has so often to be produced and the difficulties of expressing the finely balanced compromises of competing interests which the draftsman is sometimes called upon to formulate.” 34
In litigation, one party may argue that the words of the statute bear a particular meaning. The other party in the action argues the opposite. The judge states what the particular words mean in law. He who is the interpreter, he who breathes life into the words of a statute is often a law maker."?

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