In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were:
the mischief rule, the literal rule, and the golden rule.
What is the golden rule of interpretation?
Editor's Note: The golden rule is that
the words of a statute must prima facie be given their ordinary meaning
. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
What are the 4 rules of interpretation?
There are four Rules of Statutory Interpretation, these are
the literal rule, the golden rule, the mischief rule and the purposive approach
. These rules will be discussed within the body of this essay.
What are the rules of interpretation of Constitution?
General rules of interpretation of the Constitution.
If the words are clear and unambiguous, they must be given the full effect. The constitution must be read as a whole. Principles of harmonious construction must be applied.
What are rules of interpretation?
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the
Courts. These principles are sometimes called ‘rules of interpretation'.
What is Heydon's rule?
When material words are capable of bearing two or more constructions
the most firmly established rule for construction of such words “of all statutes in general” is the rule laid down in Heydons case also known as mischief rule. This rule is also known as purposive construction.
What is the rule of beneficial interpretation?
Rule of Beneficial Construction
A beneficial statute
has to be construed in its correct perspective so as to fructify the legislative intent
. Although beneficial legislation does receive liberal interpretation, the courts try to remain within the scheme and not extend the benefit to those not covered by the scheme.
What is the golden rule in the Bible?
Golden Rule, precept in the Gospel of Matthew (7:12): “In everything, do to others what you would have them do to you. . . .” This rule of conduct is
a summary of the Christian's duty to his neighbour and states a fundamental ethical principle
.
What is the Golden Rule in Christianity?
One of the main Christian teachings about morality and how others should be treated comes from Jesus' teaching of the Golden Rule . The Golden Rule
tells Christians to treat other people as they would like to be treated.
What is the golden rule in court?
the rule of construction that directs the person construing a provision, usually a statute, to read it according to the ordinary sense of the words unless
, however, such a reading produces some illogicality or inconsistency.
Who is the final answer to interpret the Constitution?
The Supreme Court
has the final authority to interpret the Constitution.
What are the general principles of interpretation?
The main and most important objective of interpretation is
to see the intention that has been merely expressed by the words
. The words of the statute are to be interpreted so as to ascertain the mind of legislature from natural and grammatical meaning of the words which it has used.
What is OMIS law?
Legal Definition of casus omissus
:
a situation omitted from or not provided for by statute or regulation and therefore governed by the common law
.
What is the difference between Golden Rule and mischief rule?
The Golden Rule tries to
compliment the Literal Rule
by allowing judges to change the meaning of statutes in order to give justice. However, this infringes the separation of powers. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases.
What is doctrine of severability?
The doctrine of severability means that
when some particular provision of a statute offends or is against a constitutional limitation
, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
What is the need for interpretation?
The necessity of interpretation would arise only
where the language of a statutory provision is ambiguous
, not clear or where two views are possible or where the provision gives a different meaning defeating the object of the statute. If the language is clear and unambiguous, no need for interpretation would arise.
