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 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.
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 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 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.”
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.
How do you break down a statute into elements?
When attempting to break down a statute , with the express purpose of dissecting it, you must divide it according to its ” statutory elements .” These elements represent the specified portions of a statute that must occur or be completed in order for a statute to be applicable.
What’s the meaning of statutory?
1 : of or relating to statutes . 2 : enacted, created, or regulated by statute a statutory age limit.
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 is the difference between statutory law and constitutional law?
The United States Constitution is the supreme law of the land. State statutes cannot violate the state constitution , the federal constitution , or federal law . The term “ statute ” simply refers to a law enacted by a legislative body of a government, whether federal or state.
What is the difference between statutory law and case law?
Statutes provide the short-run certainty of written law , but stare decisis endows case law with long-run certainty, because case law (unlike statutes ) cannot change abruptly, and in the gradual process of distinguishing, countervailing judicial biases tend to cancel out.
What are the principles 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 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 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.