Unsourced material may be challenged and removed. Statutory interpretation is defined as the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning.
How does a court determine the precise meaning of a word or a phrase in an act?
In General
The meaning of a word or phrase can be shaped by its ordinary or specialized meaning , its context in the statute, the usage of similar terms in the statute, the statute’s structure, and other factors.
How do courts determine the meaning of statutes?
When the judge says that the goal of statutory interpretation is to ascertain what the legislature intended , the judge is acknowledging her constitutional relationship with the legislature. So far as a judge is concerned, the concept of legislative intent provides the correct constitutional orientation.
What are the four methods of constitutional interpretation?
The 4 Ways To Interpret The Constitution: Originalism, Textualism, Pragmatism And Stare Decisis .
What are the four main methods judges use to interpret the law?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach .
What is the golden rule of statutory interpretation?
The ‘Golden Rule’ of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result . Its relevance in the BPAS application is made apparent when considering the purpose of section 1(3) against its actual effect in the current circumstances.
What is 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 three rules of interpretation?
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What are the general principles of interpretation of statutes?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature .
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.
What are two ways to interpret the Constitution?
The purpose of this lesson is to explain the two overarching modes of constitutional interpretation – strict and loose construction – and their use and application to particular Supreme Court cases.
What are the 5 types of interpretation that can change the Constitution?
Introduction There are five sources that have guided interpretation of the Constitution: (1) the text and structure of the Constitution, (2) intentions of those who drafted, voted to propose, or voted to ratify the provision in question , (3) prior precedents (usually judicial), (4) the social, political, and economic ...
What are the methods of interpretation?
The interpretative methods of international law fall into four categories: textual (2.1), systematic (or contextual) (2.2), purposive (or teleological) (2.3), and historical (2.4) . They are congruent with the four methods of statutory interpretation identified by Friedrich Karl von Savigny.
What rules do judges use to interpret statutes?
There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach , known as the purposive approach. Each rule will be looked at individually with case examples. The literal rule uses the plain ordinary meaning of words.
How do you interpret a statute?
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule , the Mischief Rule or the Literal Rule.
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.
