statutory interpretation rules

Tweet on Twitter. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. For this reason, many of the so-called rules or principles of interpretation are no more than Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. Rules: Statutory interpretation. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. Give an example from case law to illustrate each of the rules. Good luck! Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Need For Interpretation In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary: 1. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Thus, to ensure the proper application of the law judges apply a complex network of rules, known as statutory interpretation. Share on Facebook. The 4 rules or approaches on Statutory Interpretation The Literal rule Where judges give the words in the legislation their "ordinary, natural" meaning, as clearly stated in the Sussex Peerage case in 1844 and as such upholds the separation of powers doctrine —judges clearly interpreting not making law, which is the role of parliament. ... Rules of Interpretation Literal or Grammatical Rule. expression of law from judge-made expositions to statutory and other rules has led to a number of changes in how statutory interpretation is undertaken. … The literal rulerequires courts to interpret statutes in their plain, literal and ordinary sense. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or … The common law rules of interpretation are as follows: Literal rule - interpret the statute according to the literal meaning of the words. 3997. Primary rules of statutory interpretation Nature of primary rule. Codified statutory law can be categorized as follows-Codifying statutes. The case of Cheeseman, as mentioned earlier, illustrated several of the problems of statutory interpretation. 40 and 40 a of the ESA suggests that termination pay and severance pay are payable only when the employer terminates the employment, statutory interpretation cannot be founded on the wording of the legislation alone. At the heart of this conflict is an issue of statutory interpretation. Statutory interpretation has been called a “non-subject”. Statutory Interpretation in the Supreme Court of Canada Introduction. Every question of statutory interpretation starts with the language of the statute. There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischiefrule and the purposive approach. The different interpretations obtained from the statute are then examined to determine which interpretation applies to the statutory scheme.coac acr seacacw orac ack inac foac ac. Giving meaning to a statutory provision is therefore a highly controlled task. Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. The rules of statutory interpretation at common law also apply to the interpretation of subordinate legislation. While it remains key that judges are the only ones constitutionally empowered to interpret legislation it is also just as important that the judges remain bound by statutes. But, if applying the plain language leads to an absurd result or a result that is contrary to the obvious intent of the General Assembly, or if the language is ambiguous, then the court will apply rules of statutory interpretation to construe the statute. A particular section of the statute should not be inconsistent with the rest of the statute. 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 … Statutes should be internally consistent. Rather, a statute is read according to its own rules. The primary rules deal with the courts’ overall approach to interpretation. [United States v. Aguilar, 21 F.3d 1475, 1480 (9th Cir. The Interpretation Act provides general rules for the interpretation of legislation. Rules of statutory Interpretation 1. Press start to begin . Complexity of statutes in regards to the nature of the subject, numerous draftsmen and the blend of legal and technical language can result in incoherence, vague and ambiguous language. Explain the rules of statutory interpretation. The following are the primary rules; a) The literal rule. 21 OF 2014. As stated by D C Pearce and R S Geddes in their book on statutory interpretation: Legislation is, at its heart, an instrument of communication. It is an example of the courts taking the words literally. 2 In places, the report also refers to opinions of United States courts of appeals and scholarly discussion of statutory interpretation generally. The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation. 89 (2009). There are certain fundament rules. The Platform - October 12, 2018. The shift in the expression of law from judge-made expositions to statutory and other rules has led to a number of changes in how statutory interpretation is undertaken. Rules of statutory interpretation are Literal rule Golden rule Mischief rule Purposive Interpretation THE LITERAL RULE This approach requires the court to apply the ordinary English meaning of words used… It can be argued that effecting law reform in this area through statutory regulation would be ineffective, since statutory interpretation is inevitably a matter for the courts. 219 It is certainly as much a matter of practice and craft as of legal rules. in the consideration of legislative interpretation or construction. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question. Although the plain language of ss. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Statutory Interpretation The process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. One can find in literature the following rules of the judicial interpretation of statutes: literal interpretation, the golden rule, the mischief rule and purposive approach. When the legislature enumerates an exception to a rule, one can infer that there are no other exceptions. 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. Statutes, however, although they make the law, may be open to interpretation … The literal rule of statutory interpretation should be the first rule applied by judges. 1994)]. Rules of Statutory Interpretation Pages: 3 (654 words) Legal Method Coursework Part a Pages: 5 (1084 words) Why all scenes must implement the E.Y statutory model Pages: 2 (297 words) Dream Interpretation and Interpretation Therapy Pages: 11 (2621 words) By. The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. STATUTORY INTERPRETATION It is notable that the general methods of statutory interpretation are not themselves regulated by Parliament, but have been developed by the judges. These are: the literal rule the golden rule the mischief rule the purposive approach. The Rules of Statutory Interpretation 1. 2. First, by the mid-twentieth century, it was generally appreciated that the words of judges, written in their opinions, should not be subjected to the 0. Many cases go to appeal on a point of interpretation, Indeed, Lord Hailsham, a senior English judge, once said that “probably 9 … "The primary indication of [Congress'] intent is the language of the statute." NAMES AND UOB • Aanchal Saxena 12032303 • Avanti Mukul 12032274 • Blessy Stephen 12032302 • Charmi Dutia 12032275 • Ramona Raduta 12032305 7/27/2015 2 Posted by Michael Stevens | Mar 26, 2011 | Rules and Procedures (SCOKY) | 0 | From Pena v. Green Tree Servicing, LLC, NPO, COA 3/11/2011 “The seminal duty of a court in construing a statute is to effectuate the intent of the legislature.” Commonwealth v. Chapter 13 Statutory interpretation and the Interpretation Act 1999. of interpretation in the administrative setting, see Michael Herz, Purposivism and Institutional Competence in Statutory Interpretation, 2009 MICH. ST. L. REV. This rule requires the court to give the words of a statute their plain meaning. tweet; By Sylvester Mbithi “ Statutory interpretation” is a legal concept taught in undergraduate law class. THE RULES OF STATUTORY INTERPRETATION AND THE MEANING OF SECTION 43(2) OF THE LAW SOCIETY ACT, NO. These rules each take different approaches to interpretation of a statute. Rules Often Followed for Statutory Interpretation. The courts will not examine the intention of Parliament. The four rules used for interpretation are the literal rule, the golden rule, the mischief rule and the purposive approach. Test your knowledge and take the quiz on the rules of statutory interpretation. RULES OF STATUTORY INTERPRETATION 7/27/2015 1 2. The purpose of this kind of statute is to give an authoritative statement of the rules of the law on a particular subject, which is customary laws. That does not mean it is an easy adventure. 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