ipl-logo

What Are The Three Canons Of Statutory Interpretation

952 Words4 Pages

STATUTORY INTERPRETATION

Statutory interpretation can be defined as a process adopted by the judges or the court to interpret a statute and to apply legislation. In an interpretation there are many ambiguous terms that create a lot of uncertainty in one’s mind and this can only be resolved by judicial interpretation. Interpretation of a statute by a judiciary is important because the common people and the client’s of the lawyer need to know how the judges are interpreting the statute. Judiciary interprets the statue by using three “rules” or “canons” of interpretation. The reason we call this cannon and not “rules” is because only the judiciary need not do the interpretation and by calling them rules it can be fallacious argument. The three canons of interpretation are:
1) The literal rule
2) The mischief rule
3) The golden rule
The Literal rule-This rule of respects the sovereignty of the parliament .In this rule the judges interpret a statute by not what it exactly means, but by what …show more content…

The second problem is that the judges do not posses any power to intervene for the injustice where there is no absurdity; the example for this is the case between London & North Eastern Railway v Berriman(1946) . In this case a railway worker was killed along the railway line while he was oiling the railway tracks. The widow of the railway worker sued the London & North Eastern Railway for compensation. The court stated that according to the Fatal Accident Act the railway are liable to pay compensation to only those people who were killed while relying or repairing the track. The court held in favor of the London & North Eastern Railway and said that oiling of track does not come in the category of relying or repairing the track therefore the railway authority are not

Show More
Related
1392 Words | 6 Pages

2. Rule of the Law on which the plaintiff bases the case. The rule of the law is that the defendant, Moore owes a duty to protect all persons in the Tatiana Tarasoff case, who are endangered by Poddar’s conduct, with respect to all risks that make the conduct unreasonably dangerous. 3.

Read More
755 Words | 4 Pages

A statute is a written law that is formally created by a government. He was fined $2,000 dollars and sentenced to one year in prison. Of course he appeals his case. Then the court of Appeals for the 5th district, declares his conviction. Johnson once again appeals his case but this time it turns out to be in his favor.

Read More
1518 Words | 7 Pages

To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.

Read More
789 Words | 4 Pages

The production of law is left to the administrative limb, or Congress. The execution of the law is the employment of the official extension. The elucidation of law is the territory of the legal

Read More
448 Words | 2 Pages

People suffer in the judicial branch due to a lack of knowledge and power that is being withheld. Many people are not aware of the issues that is happening within the branch which typically causes chaos and destruction. Each judge should possess exceptional qualifications of a judge and be free of political

Read More
1406 Words | 6 Pages

The rulings of

Read More
459 Words | 2 Pages

The law should hold itself to it’s own standards in order to be

Read More
1207 Words | 5 Pages

The judicial branch must play the mediator and the ultimate interpreter of the law of the land. It may be difficult to precede in different cases based on the circumstances. Verdicts sometimes are determined by the era we are in, the culture, politics, one’s personal belief, and even the media. These components may have played a factor in their ruling. They must make

Read More
557 Words | 3 Pages

2. example 1 Firstly Ordinary people may not understand complex legal technicalities, these people may not be educated in the concept of law and maybe not even educated properly. Some people may have been educated in a completely different field and have no idea what any of the case means. This could cause the jury to loose interest and just go with what everyone else is saying because they have no idea what is going on. A lot of society have no idea about the legal requirements and what actually is right and wrong and what an offence actually is.

Read More
1171 Words | 5 Pages

The court examines a statute based on the legislature’s intent. Id. When the plain-language of the statute is clear and unambiguous, then the court's interpretation process of the statute is over. Id. at 303. However when there is ambiguity in the statutory language, the court will examine extrinsic evidence.

Read More
429 Words | 2 Pages

Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

Read More
1268 Words | 6 Pages

[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

Read More
814 Words | 4 Pages

In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also

Read More
2286 Words | 10 Pages

Introduction of statutes Statute is the main source of south African constitutional law.this is not in any way to deny or detract from the vital importance of both English and Roman-Dutch common-law sources. The statutory sources are legion, and it is not easy to task which constitutional statutes are of sufficient importance to justify their inclusion in a compilation of laws in relation to this topic. It was decided, in the end to keep basic statutes and largely to omit those dealing with specialised aspects of constitutional law. Statutes are arranged in their chronological order.

Read More
1612 Words | 7 Pages

Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.

Read More

More about What Are The Three Canons Of Statutory Interpretation

Related Topics

Open Document