ipl-logo

Three Traditional Rules Of Statutory Interpretation

1680 Words7 Pages
bulb-icon

Recommended: Statutory interpretation

There are three traditional rules of statutory interpretation:
• the literal rule
• the golden rule
• the mischief rule
The three traditional rules of the statutory interpretation form a hierarchical order i.e the court must apply the literal rule first, and if the rule seems ambiguity, then the golden rule can be used and if the golden rule doesn’t make any progress in the decision taken by the court, the mischief rule can then be applied in the court. The mischief rule and the golden rule are mostly used in court decisions because of the meaning and the effect they give towards legal decisions.
Literal rule
The literal rule is one of the rules used in interpreting statutes and this is always the first rule used by the judge to interpret statutes before applying the other rules in the court. The rule interprets the words of the statute purely and it is according to their literal meaning. When using the literal rule, the court should ensure that the statutes are interpreted plainly and given ordinary meaning without minding the outcome of the interpretation might result to or be. Under this rule, the judge is not supposed to divert from the statute’s true meaning and it is advisable the judge should consider the simplicity of the words of the statute. When applying this rule, the judge has to give the statute a natural and ordinary meaning. The judge is not to make the words of the statute complicated and the application of those words in the court proceeding. The decisions
Show More
Related

Law 531 Week 3 Quiz

265 Words | 2 Pages

1. DEBATE A. agree B. tame C. dispute D. ignore 2. HAVOC A. wonder B. peace C. chaos D. warfare 3. EXCAVATE A. scrape B. hollow C. bury D. mask 4.

Read More

South Carolina Vs Frank Pittman Case Study

1281 Words | 6 Pages

So if a judge doesn’t agree with the higher courts policy he or she may apply it cautiously or under pressure. When our lower courts get a case with no standard, they will sometime look elsewhere for the direction in determining a case before them (United States Department of State Office of International Information Programs,

Read More

Pros And Cons Of Airtastic

2736 Words | 11 Pages

A decision of an administrative body may be set aside on the basis that it is irrational or possibly disproportionate. Conventional judicial review procedure is governed by Order 84 of the Rules of the Superior Courts 1986 to 2011, which includes amendments made by SI 691 0f 2011: Rules of the Superior Court (Judicial Review) 2011.

Read More

Court System: The Marbury Vs. Madison Case

610 Words | 3 Pages

The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

Read More

Gideon Vs Wainwright Case Study

944 Words | 4 Pages

The reason for this ruling was simple, it

Read More

Antonin Scalia Textualism Summary

1541 Words | 7 Pages

In the section titled “Intent of the Legislature,” Scalia writes on the rules of statutory construction. His first rule of interpretation has to do with the simple face value of a statute: if the requirements of the law are clear, then intention behind the law does not matter and the judge must rule in accordance with what the law says. On the subject of vague statutes, Scalia writes, “In selecting the words of the statute, the legislature might have misspoken. Why not permit that to be demonstrated from the floor debates? Or indeed, why not accept... later explanations by the legislators... as to what they really meant?”

Read More

Explanations Of Public Law 280

745 Words | 3 Pages

In short, Public Law 280 gave states the opportunity to take control of jurisdiction over civil and criminal cases that involve Indians and that have occurred within the boundaries of Indian Country. This chapter goes over the specifics that work under the general idea of this law as well as the history that influenced change to this law. Basically, Public Law 280 gave six states the power to exercise criminal and civil jurisdiction over tribes that were within their boundaries. There were two problems with this; the states brought up that they did not get extra funding that would help exercise their jurisdiction and the tribes were upset that this law allowed state jurisdiction over them without any of their consent. To solve these two complaints,

Read More

Essay On Parol Evidence Rule

950 Words | 4 Pages

This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete. The supporting justification to this rule is that since the parties to the contract have signed a final written contract, the extrinsic evidence of the terms and agreements held before should not be taken into consideration while construing the contract, as the contracting parties had already excluded them from the contract. In simple words, one may follow this common law rule to avoid any contradiction with the written contract.

Read More

Procedural Due Process

366 Words | 2 Pages

This is to ensure fair treatment especially when dealing with a citizens entitlement. The Court examined

Read More

Ghaidan V Godin-Mendoza Case Study

926 Words | 4 Pages

The appeal was dismissed and it was held that s.17 was governed by the principles in Ghaidan v Godin-Mendoza [2004] UKHL 30. Also, there are other examples of cases where Godin-Mendoza’s case was applied.

Read More

Strengths And Weaknesses In Current National And Local Legislations

535 Words | 3 Pages

LO2 UNDERSTAND CURRENT LEGISLATIONS, POLICES AND PROFESSIONAL INVOLEMENT REGARDING ABUSE IN HEALTH AND SOCIAL CARE CONTEXTS. 2.1 Analyse the strength and weakness in current national and local legislations and policies relating to those vulnerable to abuse. There are government organisations who are in charge of many legislations and polices. These are created to prevent abuses and also create a healthy society and environments. They also safeguard vulnerable children from abuses.

Read More

The Definition Of Law: Finder Keepers And Losers Weepers

822 Words | 4 Pages

Introduction Finders keepers, losers weepers is a childhood adage that means whatever is found on the school playground can be kept but there is no principle of law that supports an individual is entitled to keep something he finds, while the original owner bears the loss. The premise when something is lost by one individual and found by another has been expressed in various ways over the centuries.

Read More

Advantages And Disadvantages Of The Common Law System

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

The Malay Customary Law (Adat)

1887 Words | 8 Pages

The Malay laws (Adat) Malay customary law is called “adat”, is a word came from Arabic. Adat in general means a right to conduct an in common usage, it stands for a change of things all connected with proper social culture and behavior. Therefore, it will imply rules of etiquette and the ceremonies recommended for a certain occasion such as marriage as well as those customs which have legal consequences. Being the customs law at a certain time in a certain place, adat is flexible and adaptable to social needs and not suitable for codification. The Malay law was not be taken seriously as representing the adat law in a certain state.

Read More

Arthur Goodhart Ratio Decidendi Analysis

1373 Words | 6 Pages

In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray

Read More

More about Three Traditional Rules Of Statutory Interpretation

Related Topics

Open Document