What is statutory interpretation the three principal rules of statutory interpretation, relevant case law of the literal golden and mischief rules, defects of applying the literal rule, utilising the narrow and wide approach, the judges discretion is supreme. The chapter proceeds to a discussion of the practice of the courts in their interpretation of statutory rules the focus is on what courts, lawyers and commentators say is happening how they describe interpretative practices both when deciding cases and in commentaries about those practices it is necessary first to consider. There are three basic rules of interpretation of statutes which we examine further in this unit: the literal rule the golden rule the mischief rule these rules have been adopted from the practice in england and have their origin in british courts the same rules still apply in britain today and are applied throughout the south. Judges in england generally apply three basic rules of statutory interpretation, and similar rules are also used in other common law jurisdictions the literal rule, the golden rule and the mischief rule although judges are not bound to apply these rules, they generally take one of the following three approaches, and the. Overviewany question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent to discover a statute's original the rule of lenity: in construing an ambiguous criminal statute, a court should resolve the ambiguity in favor of the defendant a court may also look at: the. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences if there is an ambiguity or an absurdity with this approach, use: the golden rule approach - still according to the plain meaning, but with a slight modification.
Adopt codified rules of statutory interpretation, give stare decisis effect to interpretive methodology, use simpler methods of statutory interpretation in lower courts, and implement certain versions of textualism this article explains that such proposals are driven by an overarching desire to limit judicial discretion and promote. In addition to the encouragement of a purposive interpretation, legislative provisions have been enacted to promote the interpretation of legislation in ways consistent with basic civil and human rights in this respect too, parliaments in australia have followed a long. Ambiguity in the statute there exists the interpretation act of 1978 which provides certain basic definitions such as singular includes plural and he includes she in addition the courts have developed rules to assist judges in interpreting statutes the rules of statutory interpretation (cannons of construction ) the literal rule.
Various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose are used by the judges for finding the meanings of statutes the four rules used for interpretation are the literal rule, the golden rule, the mischief rule and the purposive approach. The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation the secondary aim of this essay is. Chaotic atmosphere7 as even those skeptical of legislative history have explained, these rules are “'second nature' in our political culture” in effect, they are congress's constitution8 as legislative scholars have long known “without a positive theory,” any normative theory of statutory interpretation may be.
The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute the plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. (i) historical development 22 the basic principles of statutory interpretation are not to be found in any statute they have developed from the decisions of the courts the principles which have thus evolved are sometimes called “ rules”, but it would be more accurate to describe them as different approaches to interpretation. When would a judge use either the golden rule or the mischief rule to interpret a statute 7 explain why it is important that there exist acts of parliament that provide criteria as to how a judge should interpret a statute 8 in the hypothetical queensland act, identify the legal issues that emerge in interpreting the legislation. Marginal notes – not part of a statute (interpretation act, s 14) punctuation – variable nature & no well-defined rules miscellany – references to former enactments are not part of the statute schedules binding force of the schedule – not necessarily have force of law interpretative use of the schedule – may be used to help.
Basic principles that can be described underlying these principles are a number of rule of law values or ideals the relevance and weight of these values or ideals , as they apply to the interpretation of statutory rules, is a theme of the thesis it is now necessary to identify the principles and values of the rule of law germane to. Function of modern appellate courts is the interpretation of statutes, and it is conventional for courts to make use of the rules in the course of interpretation i what are the rules of statutory interpretation our law has gradually developed a vast body of authority pertain- ing to statutory interpretation1 some of the rules in this. Sometimes be difficult to draw in practice, this distinction is basic in statutory interpretation the legal meaning of an enactment must be arrived at in accordance with the rules, principles, presumptions and canons which govern statutory interpretation (in this book referred to as the interpretative criteria or guides to legislative. Providing some key rules of statutory interpretation this article will discuss how cap 1 makes legislation more concise and intelligible by providing sets of provisions of general application, by implying powers and by defining frequently used words it will also discuss the key rules of construction provided.
What is a rule of construction the expression 'rules of construction' is a term used to distinguish the 'rules' of statutory interpretation from any other rules or aids note the use of the word 'construction' which in a legal context means the same as 'interpretation' it is important to realise that these 'rules' are not binding and.
History and the need to bring statutory interpretation under the rule of law, 44 stan l rev 383 (1992) frank easterbrook, what does legislative history tell us, 66 chi- kent l rev 441 (1990) nbd bank, na v bennett, 67 f3d 629 , 633 (7th cir 1995) (easterbrook, j) (no member of congress can anticipate. The second aspect of the rule that concerns me is that it encourages interpreters to ask only one question in statutory interpretation cases, namely, what is the meaning of this text as a result of focussing so narrowly on textual meaning, other interpretive issues are overlooked my final concern with the plain meaning rule is. The golden rule • the mischief rule • the purposive approach these rules each take different approaches to interpretation of a statute some judges prefer one rule, while other judges prefer another the rule was closely defined by lord wensleydale in grey v pearson (1857) hl cas 61, who stated: “the grammatical and.