The literal rule is what the law says instead of what the law was intended to say .
How do you use the literal rule?
The literal rule of statutory interpretation should be the first rule applied by judges . 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.
What is literal rule in interpretation of statutes?
The literal rule means that a judge has to consider what the statute says ‘literally’ , i.e its simple plain meaning without any ambiguity. ... It is said that the words themselves best declare the intention of the law- givers[2].
What is literal rule in business law?
rules: (i) The literal rule. The first and foremost duty of a judge is to interpret a statute according to the ordinary, literal and grammatical meaning of the words which the legislature has used .
Why is the literal rule important?
An advantage of the literal rule is that it forces judges to carry out Parliaments intention . This is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers. ... It can also provide certainty in law, when it can be otherwise ambiguous.
Why do judges use the literal rule?
Main advantages of The Literal Rule: No scope for the judges own opinions or prejudices to interfere. Respects parliamentary supremacy and upholds separation of power . Encourages drafting precision, promotes certainty and reduces litigation.
Which rule of interpretation is best?
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 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.
When the statute is completely removed is called?
The statute which has been repealed is called repealed statute and the one which replaces the earlier statute is called the repealing statute.
What is literal theory?
LITERAL MEANING AND LOGICAL THEORY* I N “Literal Meaning,” l John Searle claims to refute the view that. sentences of a natural language have a meaning independent of . the social contexts in which their utterances occur .
What is rule of literal construction?
Literal rule of interpretation is the primary rule. Under this rule of interpretation the Courts interpret the statutes in a literal and ordinary sense . They interpret the words of the statute in a way that is used commonly by all. It is incumbent on the court to use the grammatical meaning.
What is purposive approach in law?
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a ...
What is a disadvantage of the literal rule?
The rule clearly produces absurd, unjust and indefensible results which cannot represent Parliament’s true intentions . It ignores the fact that language has its limitations and can change in meaning over time.
What is the difference between the mischief rule and purposive approach?
The mischief rule however is different to the strict criteria set out in Heydon’s case. The purposive approach goes further by seeking to determine Parliament intentions in passing the act . ... When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard.
What are the three rules of interpretation?
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What is meant by statute?
A statute is a rule or law which has been made by a government or other organization and formally written down . The new statute covers the care for, bringing up and protection of children. The independence of the judiciary in France is guaranteed by statute. Synonyms: law, act, rule, regulation More Synonyms of statute.
