What are the canons of construction?
Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and presumptions about usage. The canons also include substantive canons that incorporate policy-based assumptions about legislative intent.
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.
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 canon rules of 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. The literal rule uses the plain ordinary meaning of words.
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 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.
What is the statutory interpretation?
What is statutory interpretation ? Statutory interpretation may be required where complexity and uncertainty arises as to how the law applies in a given situation. Those who draft legislation do their utmost within their extraordinary experience and drafting skills to craft legislation that is clear and unambiguous.
What is Noscitur a Sociis?
Literal Meaning. The meaning of a word may be known from accompanying words. Origin. Latin.
What is the first rule of statutory interpretation?
The modern approach to statutory interpretation This means that context is considered in the first instance (not only where there is ambiguity in the meaning of the words used), and consideration is given to the statute as a whole, the existing state of the law , and the purpose of the statute .
What’s the golden rule 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.
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 are the general principles of construction of statute?
The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute , and the mischief it is to remedy, is the basic context of any statute . The elementary rule states that the intention of the Legislature must be found by reading the statute as a whole.
What are the general principles of interpretation?
General Principles. The purpose of statutory interpretation is to “ascertain legislative intent”. The wording in a statute “must be construed as they would have been the day after the statute was passed”.
What are the principles of interpretation?
sense; every word or expression used in Act should receive a natural and fair meaning. reasonable meaning relevant to the circumstances. A construction will be adopted in accordance with the policy and object of the statute. on clash” between two provisions of the same Act.
What is interpretation and construction?
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment. 2. Interpretation takes place when we look for the original meaning of the constitution.