Statutory Interpretation Literal Golden Mischief Purposive Essays and Term Papers

  • Literal / Golden / Mischief Rules

    Literal Rule The literal rule is the primary rule which takes precedence over the others. Words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation should be applied. If, applying this rule, a clear meaning appears, then this must...

    1151 Words | 3 Pages

  • Is There Any Order in Applying the Literal, Golden and Mischief Rules?

    For Literal Rule, the judges will only look at the grammatical meaning of words to interpret. If the words are clear and unambiguous, even though the result makes nonsense of the law, they must be followed. In R v Judge of the City of London Court (1892), Lord Esher said “If the words of an Act are clear...

    437 Words | 2 Pages

  • Statutory Interpretation

    Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31, 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress...

    2457 Words | 9 Pages

  • Statutory Interpretation

    STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed, as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may...

    1689 Words | 5 Pages

  • Statutory Interpretation

    STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular...

    4078 Words | 13 Pages

  • Statutory Interpretation

    Statutory Interpretation Task R v Clinton and Others [2012] EWCA Crim 2 In the case of R v Clinton, the appellant and his wife were both on prescribed medication because they both suffered depression and at that point the husband was going through financial difficulties and stress at work. His wife...

    1072 Words | 3 Pages

  • Statutory Interpretation

    Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal...

    1417 Words | 4 Pages

  • Statutory Interpretation

    consistency and to avoid unnecessary legal proceedings. With regard to extrinsic materials, s 15AB identifies ‘(1) Subject to subsection (3) in the interpretation of a provision of an Act, if any material not forming part of the Act is capable of assisting in the ascertainment of the provision, consideration...

    343 Words | 1 Pages

  • Statutory Interpretation

    Law Assignment Statutory Interpretation Anthony Thompson-North Statutory interpretation is the process of interpreting and applying legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words...

    2541 Words | 6 Pages

  • Statutory Interpretation

    Statutory Interpretation General view- the function of parliament is to create law, but the role of judiciary is to apply the law. Montesquieu theory of separation of powers: the government has 3 different functions – legislative, executive and judicial – and these functions should be kept apart in...

    2195 Words | 6 Pages

  • Statutory Interpretation

    NOTES Interpretation of Statutes IOS201-6 1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not...

    21010 Words | 58 Pages

  • Statutory Interpretation

    7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature...

    2277 Words | 12 Pages

  • Statutory Interpretation

    Evaluate the rules of interpretation which guides judge’s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation, they are few key elements...

    1968 Words | 5 Pages

  • Literal Interpretation in Literature

    Literal Interpretation in Literature Literature is meant to provide a perspective on life. Phrases or quotes found in works of literature may be used to help express one's own thoughts, to describe a particular situation, or even to apply the circumstances in another piece of literature. Readers...

    773 Words | 3 Pages

  • statutory interpretation paper

    LMRW Assignment #3 STATUTORY INTERPRETATION Abdul has been charged with the breach of section 46(g), 104 (b), and 105 of Chapter 11:02 of Trinidad and Tobago Summary Offences Act, 1979. Section 46 (g): I. Under the first definition the police could not have legally charged Abdul because it...

    1083 Words | 4 Pages

  • Law Statutory Interpretation

    to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks) The literal rule is where the courts will give their words a plain, ordinary or literal meaning, even if the result is not very sensible. It involves the judge applying the literal rule even...

    1256 Words | 5 Pages

  • p8 Statutory interpretation

    Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out...

    1295 Words | 3 Pages

  • Rules of Statutory Interpretation

    Outline the most common of these and give a brief commentary or explanation of the same. RULES OF LANGUAGE IN STATUTORY INTERPRETATION. The traditional common-law approach to statutory interpretation was to "look at the words of the Act". This approach was founded on the assumption that the statute alone...

    2307 Words | 7 Pages

  • Statutory Interpretation and Human Rights

    Statutory interpretation and human rights Statutory interpretation and human rights1 Rt. Hon. Lady Justice Arden, DBE2 Introduction I am greatly privileged to be asked to give this address to such a distinguished gathering of legislative counsel from around the world. I have been asked to speak...

    6837 Words | 18 Pages

  • A new approach to statutory interpretation

    Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical...

    1679 Words | 7 Pages