• Statutory Interpretation
    . In my own opinion the Literal Rule, Golden Rule, Mischief Rule and the Purposive Approach all have their advantages and disadvantages, many different judges prefer different methods when they are interpreting an act. As I see it judges who are over-extending the limits of their powers are ones who...
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  • Statutory Interpretation
    practice that prohibited reference to Hansard (the record of debates in Parliament). Basically there are three approaches to statutory interpretation. These are the Literal, Golden and Mischief Rule. A general purposive approach is also operative – each rule originated in different stage of legal...
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  • Business Law - Statutory Interpretation
    applies to a particular set of facts. The courts apply one or more of the approaches to the interpretation of statutes, which can be classified into general rules/approaches (the literal rule, the golden rule, the mischief rule, purposive approach), or as a specific rules/approaches (such as the...
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  • Statutory Interpretation
    resort. It must be avoided unless it is plainly impossible to do so.’ (Lord Steyn, in R v A (2001)). Discuss. 2006AB ‘To analyse the process of statutory interpretation in terms of three ‘rules’ (literal, golden and mischief) is historically out of date. The contemporary process is complex and...
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  • Introduction to Entrepreneurship
    the interpretation and application of statutory legislation apply in the use of the mischief, golden,and literal rules, in addition, purposive approach. Extrinsic aids from outside the statute such previous case laws, historical settings and other statutes can be used to aid interpretation and...
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  • Conflicts Between Judges and Parliament
    rule, the golden rule and the mischief rule. It is important to appreciate that this classification is a considerable oversimplification of the process of the statutory interpretation. The literal rule: According to the literal rule, it is the task of the court to give the words to be construed...
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  • Statutory Intepretation
    , words by words. There are 4 approaches to interpret laws, namely the liberal rule, golden rule, mischief rule and purposive approach. The literal rule means that judges would just look at the plain, ordinary and natural meaning of the words written in the statutes. According to Lord Diplock...
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  • Interpreting Income Tax Act
    because they seem fair and just. Identifying parliament’s intention: • Rules of statutory interpretation: o Literal rule – words to be given their ordinary meaning o Mischief rule –statutes that were construed to cure the mischief that led to their being enacted o Golden rule – words to be...
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  • Statutory Interpretation
    statute was passed to stop Smith v Hughes (1960) The Literal verus the Purposive approaches to Statutory Interpretation Should judges interpret statutes so as to give effect to the intention or purpose of the statute, the purposive approach, or should judges take the literal meaning of the words...
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  • Clri Research Paper
    legislative purpose underlying the provisions”. English judges view mischief rule purposively so in a way they have always had recourse to the purposive interpretation. Referring to the Parliament’s intention in interpreting statutes is the flow in which the purposive approach works. Lord Nicholls said...
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  • The Approach of the Law Lords to Statutory Interpretation Has Been Radically Changed by the Human Rights Act. Judges Now See Themselves as Legislating Human Rights Through Their Interpretation of Acts of Parliament. Assess the Validity.
    different decisions. Traditional statutory interpretation attached a particular importance to a literal interpretation of statutes. More precisely, 4 techniques of interpretation have been adopted: the literal rule, the golden rule, the purposive rule and the mischief rule (Holland & Webb, 2010...
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  • Statutory Interpretation
    of Parliament within a situation or a court case. To aid in the Courts’ application of the law, rules of statutory interpretation have been created; they are literal rule, golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are...
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  • assignment
    respondent is not an immigrant. While a literal approach should always be used, you can use a purposive approach to consider the scope of the act; would the facts at hand be considered within the overall intention of the act? The issue of presumptions in statutory interpretation also arose in Royal...
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  • Sexual and Reproductive Rights of Women
    essay on how statutes are interpreted and the extent judges will go in discovering the true intention of parliament. The rules of statutory interpretation are as follows; 1. The literal rule. 2. The golden rule. 3. The mischief rule. 4. The purposive rule and finally 5. The rules of language...
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  • Develop the Law Through the Operation of Doctrine of Judicial Precedent and Application to the Rules of Statutory Interpretation
    , which though is not binding but can be persuasive in the future cases. Statutory interpretation is the process of how the statutes interpreted and applied by a judge. There are four approaches developed to deal with the task of interpretation, including literal rule, golden rule, mischief rule and...
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  • Statutory Interpretation
    streets without being molested or solicited by common prostitutes…..For my part, I am content to base my decision on that ground and that ground alone.” 7.2.3. The Purposive Approach • 4 The Purposive Approach to statutory interpretation can be seen as an extension of the Mischief Rule...
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  • Statutory Interpretation
    all. The main ones are literal, golden, mischief and purposive. Interpretive Presumptions When interpreting a statute, courts may make a use of some interpretive presumptions. Courts are generally against a retrospective approach. They should be in favour of the defendant and against deprivation...
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  • Rules of Law
    Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules...
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  • Explain the Different Approaches to the Interpretation of Statutes in England and Wales
    , the judge can apply another rule in order to achieve a more satisfactory result. The golden rule is an extension on the literal rule when the literal rule gives an absurd result. For example, in the case of R v Allen (1872) a different interpretation of bigamy in the Offences Against the Person Act...
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  • Statutory Intepretation
    guiding principles are collectively known as the Three Primary Rules of Statutory Interpretation .These are; 1)The Literal Rule 2)The Golden Rule 3)The Mischief Rule. However these rules are not fixed or followed logically, as they are not really rules at all but approaches. The first apptroach is...
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