Rules of statutory construction

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 a rule of construction in law?

Rule of construction pertains to policies and laws that courts use to resolve disputes between parties within an agreement.

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 canons of construction?

The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract.

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 rules do judges use to interpret statutes?

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 .

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What is the rule of beneficial construction?

Rule of Beneficial Construction : When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation, should be chosen.

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.

When May means must?

v. a choice to act or not, or a promise of a possibility, as distinguished from ” shall ,” which makes it imperative. 2) in statutes, and sometimes in contracts, the word ” may ” must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative.

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’s the meaning of statutory?

1 : of or relating to statutes . 2 : enacted, created, or regulated by statute a statutory age limit.

What is a casus Omissus?

[Latin] A circumstance not provided for by common law or statute; a gap in the law. Where such a gap exists in a statute, particularly one of a penal nature, it is not for the judge to bridge such a gap. Case: Fisher v Bell [1961] QB 394, 400 (Lord Parker CJ). From: casus omissus in A Dictionary of Law »

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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’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.

What is not included is excluded?

(Latin) That which is expressed is included and that which is not is excluded ; a rule of statutory interpretation that says that if something is mentioned as being included , then anything that is not mentioned is by implication meant not to be included . expressio unius est exclusio alterius.