Mischief rule of statutory interpretation academike. There may be other errors unnoticed by parliament and statutes cannot cover every eventuality therefore. Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. It is a compromise between the plain meaning or literal rule and the mischief rule. This interpretation is supreme and is called the golden rule of interpretation. Lord diplock in the duport steel v sirs case 1980 defined the rule. Click download or read online button to get interpretation of statutes book now.
There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. It covers literal rule plaingrammar rule of interpretation. Feb 12, 2012 literal rule of interpretation is the primary rule. The paper is to equip the students with various tools of interpretation of statutes. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. The proper construction of a statute is a question of law. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The literal rule says that the intention of parliament is best found in the.
Literal construction according to this rule, the words, phrases and sentences of a statute are ordinarily to be understood in their natural, ordinary or popular and grammatical meaning unless such a construction leads to an absurdity or the content or object of the statute suggests a different meaning. The primary rule of interpretation of statutes is called literal interpretation or literal. Oct 09, 2018 primary rule 1 rule of literal construction interpretation of statutes, deeds and documents duration. Literal rule is a rule used to interpreting statutes. Use of the literal rule in this situation may lead to absurd results. Interpretation is the method by which the true sense or the meaning of the word is understood. One of the basic rules of interpretation of statute is grammatical interpretation.
The literal rule of statutory interpretation should be the first rule applied by judges. Exceptions to the rule of literal interpretation generally a statute must be interpreted in its grammatical sense but under the following circumstances it is not possible. According to this rule, the words used in this text are to be given or interpreted in their natural or ordinary meaning. It is an elementary principle of construction of statutes that the words have to be read in their literal sense. Interpretation of statutes download ebook pdf, epub, tuebl. The municipal committee, wardha, air 1958 sc 341 178 35. Under this rule of interpretation the courts interpret the statutes in a. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Literal rule and mischief rule in interpretation by g. Statutory interpretation how to judges read and interpret acts of parliament.
The law commission and the scottish law commission aws. The purpose of interpretation is always to find out what the statute stands for, what is the defect it. Discuss the rules of statutary interpretation with the. However, its inflexibility can also create injustices. Explanations and provisos are inserted to expand or.
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts. They interpret the words of the statute in a way that is used commonly by all. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. A statute is the will of the sovereign legislature according to which the governments function. These rules each take different approaches to interpretation of a statute. Here judges rely on the exact wording of the statute for the case. The act is read by its plain meaning exactly as the words are written, the assumption being that parliament has said what it means. Feb 23, 2017 literal rule or plain meaning rule is acclaimed as the safest guide to legislative intent, as the legislature is not to be supposed to use words in a statute, in vain. Pdf literal rule of interpretation azeem mian academia.
The rule of grammatical construction is considered to be the first principle of interpretation. Some judges prefer one rule, while other judges prefer another. It is also known as literal or primary or natural or popular interpretation. A tool for statutory interpretation words in their natural and ordinary sense.
Rules of interpretation interpretation of statutes in hindi. Simhanjana interpretation salmond defines interpretation as a process by which the court seeks the meaning of legislature through the medium of authoritative forms in which it expresses. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. The meaning of an ordinary word of the english language is not a question of law. Words may be ambiguous and therefore the use of the literal rule may make the meaning of an act unclear. However, some statutes omit a definitions section entirely, or fail to define a particular term. This site is like a library, use search box in the widget to get ebook that you want. Under this rule the judge considers what the statute actually says, rather than what it might mean.
Meaning the literal rule, also known as the plainmeaning rule, is a type of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. Mar 06, 2018 hi guys this vedio calls about the rules of interpretation of statutes. Golden rule of interpretation law of interpretation of. Dictionaries often list words with several different meanings. Logical defects aambiguity binconsistency cincompleteness or lacunae dunreasonableness logical interpretation.
If the plain meaning of the word is ambiguous, vague or misleading or if a strict literal interpretation would result in absurd results. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Some judges also feel that their role is to fill the. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. Literal rule law and legal definition uslegal, inc.
T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. This article focuses on the rules to be kept in mind while using it. In order to achieve this, the judge will give the words in the statute a literal meaning, that is, their plain ordinary everyday meaning, even if the effect of this is to produce what might be considered as an otherwise unjust or undesirable outcome. The literal rule of interpretation of statute legal service india. Importance of golden rule of interpretation 1 it departs from its strictly literal rules 2 the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the legislature. The basic principle of the construction of statutes is that, the words have to be read and understood in their true literal sense. Literal rule aka plain meaning rule it means that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. A tool for statutory interpretation by ekta gurjar ssrn.
By providing no scope for the judges input, it upholds the separation of powers and respects parliamentary supremacy. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. Mar 01, 2012 governing the interpretation of statutes, the literal rule is the often invoked rule pressed into action to ascertain the legislative intention behind the framing of the enactment. In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. The interpretation of statutes is one of the most important subject usually taught in law. Literal rule of interpretation is the primary rule. Rules of statutory interpretation a lawyer must know ipleaders. The rule governs and regulates the meaning of the law in as much as the rule provides that the meaning has to be ascertained from the text of the law itself. They interpret the words of the statute in a way that is used. The other two are the mischief rule and the golden rule. Interpretation of statutes basic knowledge llb notes.
The judges frequently use this phrase true meaning or literal or plain meaning. If the literal interpretation of the statute were to produce absurdity, then the intention of the. Mar 21, 2016 the golden rule was formulated in the case of beck vs smith where it was provided that the literal interpretation of a statute should be used only to the extent that it would not produce absurdity or negate from the intention of the legislature. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. When interpreting a statute, the courts generally applies the literal rule first before applying any other rules of interpretation.
Interpretation of statutes pdf notes, ebook for law llb. The divisional court held that he could not be convicted because, giving the words in the statute a tight literal meaning, mr bell had not offered. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. If the words of an act are clear then you must follow themeven though they lead to a manifest absurdity. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. The executive must act and the judiciary in the course of administration of justice must apply the law as laid down by the said legislative. The elementary rule of construction is that the language must be construed in its grammatical and literal sense and hence it is termed as litera legis or litera script. This rule explains what the law is rather than explaining what the law means. The literal rule, which is also known as the plain meaning rule, attempts. However, in many an acts, definition clause is inserted to mean a word or expression. A court of law is bound to proceed upon the assumption that the legislature is an ideal person that does not make mistake 8.
Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. If judges are permitted to give a nonobvious or nonliteral meaning to the words. But words can be blunt more than one meaning, old fashioned language, absurd results. By what methods do the judges interpret the meaning of an act of parliament. The normal way of interpreting or construing a statute is to seek the intention of legislature. Rules of interpretation literal or grammatical rule. Rules of interpretation grammatical or literal rule of interpretation. Apr 01, 2017 the golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. Literal rule of interpretation this rule states that when the language of the statue is plan, certain and unambiguous, it must be given effect irrespective of its consequences.
The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. Judicial rules are used to read unclear statutes and declare the law. Literal rule a statues often contains a definitions section, which explicitly defines the most important terms used in that statute. In literal rule, the words in a statute are given its plain, ordinary, and literal. It is incumbent on the court to use the grammatical meaning. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. The court has nothing to do with the question whether the legislature has committed an absurdity 3. This rule states that the effect must be given to the statue even though it be absurd or results in starling consequences. Statutory interpretation advantages and disadvantages. Interpretation of statutes summary lectures 1 15 studocu. Overview separation of powers parliament makes the laws.
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