Rules of Statutory Interpretation
UNIVERSITY OF NAIROBI, SCHOOL OF LAW GPR 109: LEGAL SYSTEM AND METHOD LEGAL METHOD TAKE AWAY CAT
NKARICHIA MUGAMBI DENNIS G34/3053/2013
Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of practice than legal rules.
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 was a reliable guide to the intent of the Parliament. To assist the courts in interpreting legislation, judges relied upon three general rules, the literal rule, golden rule and the mischief rule.
These traditional approaches relied heavily on a number of rules of language expressed in the form of a short Latin phrase and include, ejusdem generis, noscitur a sociis, expressio unius est exclusio ullerius and reddendo singula singulis and doctrine of last antecedent. These rules of language are also referred to as textual canons and in one way or another deal with lists. 1. EJUSDEM GENERIS RULE
It usually may be referred to as Lord Tenterdens rule or the ‘rule in the Archbishops case’ as it was first applied by Lord Tenterden in the Archbishop of Canterbury case in 1596. ‘It’s a variant of noscitur a sociis rule and literally translates to ‘of like kind. When general words follow specific words the general word is construed to embrace only those things whose nature is similar to those referred by specific words.
1.1 Application
Its applicable when; (i) The text contains an enumeration of specifics; the members of that enumeration suggest a class. (ii) The class is not exhausted by the enumeration. (iii) The general word (words or phrase) supplement the enumeration, and; (iv) There is no clear intent that the general term has a
NKARICHIA MUGAMBI DENNIS G34/3053/2013
Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of practice than legal rules.
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 was a reliable guide to the intent of the Parliament. To assist the courts in interpreting legislation, judges relied upon three general rules, the literal rule, golden rule and the mischief rule.
These traditional approaches relied heavily on a number of rules of language expressed in the form of a short Latin phrase and include, ejusdem generis, noscitur a sociis, expressio unius est exclusio ullerius and reddendo singula singulis and doctrine of last antecedent. These rules of language are also referred to as textual canons and in one way or another deal with lists. 1. EJUSDEM GENERIS RULE
It usually may be referred to as Lord Tenterdens rule or the ‘rule in the Archbishops case’ as it was first applied by Lord Tenterden in the Archbishop of Canterbury case in 1596. ‘It’s a variant of noscitur a sociis rule and literally translates to ‘of like kind. When general words follow specific words the general word is construed to embrace only those things whose nature is similar to those referred by specific words.
1.1 Application
Its applicable when; (i) The text contains an enumeration of specifics; the members of that enumeration suggest a class. (ii) The class is not exhausted by the enumeration. (iii) The general word (words or phrase) supplement the enumeration, and; (iv) There is no clear intent that the general term has a