Why are the canons of construction needed?
In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statute—usually Congress or a state legislature—meant by the language used in the law.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation , these are the literal rule , the golden rule , the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.
What is the purpose of statutory interpretation?
Statutory interpretation (SI) is the approach that the judges have developed over time, to find the exact meaning of words or phrases in legislation (including delegated legislation and EU law) — in order to fulfill their role .
What is a statutory source?
Statutory law or statute law is written law passed by a body of legislature. This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.
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’s the meaning of statutory?
1 : of or relating to statutes . 2 : enacted, created, or regulated by statute a statutory age limit.
What is Ejusdem generis rule?
Adams, 532 U.S. 105 (2001), the Supreme Court defined ejusdem generis as a situation in which “general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words.”
What are the three rules of statutory interpretation?
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.
What is the golden rule in law?
This rule is a modification of the literal rule . It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result. The rule was used in the case of Adler v George (1964) to avoid an absurd result.
What is the difference between interpretation and construction?
Interpretation is the activity of identifying the semantic meaning of a particular use of language in context. Construction is the activity of applying that meaning to particular factual circumstances. Construction is the activity of determining the legal effect (or legal content) of a legal text.
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’s the literal rule?
The literal rule says that the intention of Parliament is best found in the ordinary and natural meaning of the words used. As the legislative democratic part of the state, Parliament must be taken to want to effect exactly what it says in its laws.
What does statutory mean in law?
noun. the written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law .
What are the 4 types of law?
Terms in this set ( 4 ) Statutory law . Laws that are passed by congress or a state government. Common law . If there is not a statutory law covering a specific situation, a judge uses common sense to help decide how to rule. administrative law . Passed by government agencies. ( Constitutional law .
What is statutory law example?
A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law . This law is established by legislature as a statute , or a law that is formally written and enacted. As a result, the law you broke was a statutory law .