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

    the meaning of the rules of statutory interpretation and how they are used to interpret a statute. Parliament passes statutes, the statute law itself is basically the acts passed by Parliament and judges must interpret and apply them in court. Statutory interpretation is an important aspect of the...

    890 Words | 3 Pages

  • Statutory Interpretation

    discovery of the reports. The Home Secretary refused disclosure on the basis of crown privilege. Lord Reid acknowledged that if the commonly accepted interpretation of the decision in [Duncan] is to remain authoritative the question admits of only one answer: the Minister's statement is final and conclusive...

    3581 Words | 9 Pages

  • Statutory Interpretation

    STATUTORY INTERPRETATIONStatutory Interpretation is the procedure for elucidating and then applying the legislation. A little bit of interpretation is always mandatory when a statute becomes related to a case.” THE REASONS WHY COURTS REQUIRE RULES OF INTERPRETATION For a maximum level of consistency...

    2107 Words | 9 Pages

  • Statutory Interpretation

    Comparative Overview of Statutory Interpretation How do judges interpret the statutes? Comparative Overview of Statutory Interpretation  What is statutory interpretation?  “In any legal system, the first task of the court is to ascertain the meaning of the particular statutory provision” (De...

    313 Words | 4 Pages

  • Statutory Interpretation

    of definitions * Many acts provide for definitions, in addition you will find further definition given in the Interpretations Act (NSW), at the commonwealth it is the Acts Interpretation Act * Headings * Schedules – graphs, numbers, tables showing Act’s application * Can also...

    2082 Words | 8 Pages

  • Statutory Interpretation

    Statutory Interpretation Objectives for the lesson to have a thorough understanding of: • What statutory interpretation is • The literal rule • The golden rule • The mischief rule What is it? As seen in previous week, many statutes are passed by parliament each year. The meaning of the law in...

    4552 Words | 8 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

    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

    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

    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 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

    Statutory Interpretation Many statutes are passed by parliament each year. The meaning of the law in these statutes should be clear and explicit but this is not always achieved. Parliament sometimes includes sections defining certain words used in that statute; such sections are called interpretation...

    387 Words | 2 Pages

  • Statutory Interpretation

    STATUTORY INTERPRETATION. In law, acts of parliament issued by the legislatives are not always clear. There are a lot of public demands for the court to clarify or explain certain points of law that are not clear or that are not specific therefore leading to ambiguity and uncertainty. When the legislatives...

    1836 Words | 5 Pages

  • Statutory Interpretation

    Why Do We Need Rules For The Interpretation of Statutes? • Words are an imperfect means of communication • Words very often have more than one meaning i.e. they can be ambiguous • A broad term may be used in a statute which can give rise to confusion and uncertainty • There may be errors or omissions...

    693 Words | 3 Pages

  • Statutory Interpretation

    law. One attempt was to interpret the statutes in a narrow and literal form, thus ensuring the scope of the statute was kept as narrow as possible. The situation has now change, commentators now talk of purposive approach to interpretation. There are problems in drafting statutes for example, in rationalising...

    1748 Words | 5 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

    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