Statutory default rules scholars at harvard harvard university. Golden rule of interpretation law of interpretation of. The importance of the subject is considerable because the primary. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Rule ilif you are trying to guess what meaning your court will attach to.
Cardinal rules for interpretation of taxing statutes. Lawyers and judges in the united states and some other jurisdictions interpret statutes on a regular basis. The rules behind statutory interpretation law teacher. Interpretation of statute, deeds and documents rule of reasonable interpretation part 4.
No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The purpose of this article is to consider the value of these rules and possible changes in them and in their use. Learn vocabulary, terms, and more with flashcards, games, and other study tools. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation.
A tool for statutory interpretation words in their natural and ordinary sense. Mischief rule the mischief rule is used by judges in statutory interpretation in order to discover legislatures intention. Understanding words, phrases and sentences of a statue in their ordinary and natural meanings. There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischiefrule and the purposive approach. Federal rules of statutory interpretation by nicholas. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. This then makes the interpretation of statutes not as simple as one would think. Still, the meaning of statutory language is not always evident.
These rules each take different approaches to interpretation of the words in legislation. You have narrowed the range of possible interpretations to a few options, but cannot really say with any confidence that one of them is the meaning of the statute. Where there is no interpretation section and a general interpretation act does not apply then a number of rules may be applied. Some statutes can have straightforward meanings, while others can be ambiguous. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. Importance of golden rule of interpretation 1 it departs from its strictly literal rules 2 the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning.
In cases where a statute may be vague, judges must step in to decipher the legislative intent. It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from its preceding and succeeding words a court invokes the rule which produces a result that satisfies its sense of justice in the case before it the literal rule is the one most frequently referred to in express terms. And then, there has been criticism made as to the utility of definition clause or the interpretation clause. The literal rulerequires courts to interpret statutes in their plain, literal and ordinary sense. General principles and recent trends congressional research service summary the exercise of the judicial power of the united states often requires that courts construe statutes. Start studying sources of law and interpretation of statute. Interpretation of statutes is a craft rather than a science. An evaluation of the rules of statutory interpretation quintin johnstone the rules of statutory interpretation are under attack as being worthless and even harmful. The courts will not examine the intention of parliament.
Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance the remedy. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation.
Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Ever enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects. Principles of statutory interpretation 4 of 7 the rule of negative implication expressio unius est exclusio alterius o the inclusion of certain items implies the exclusion of others. These rules each take different approaches to interpretation of a statute. Federal statutes do not come with instructions, but maybe they should. Interpretation of statutes is needed when language of law is. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. A guide to reading, interpreting and applying statutes. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and.
Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Use of the mischief rule could lead to uncertainty in the law. A statute can be interpreted by using the golden rule, the mischief rule or. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. The mischief rule of statutory interpretation is the oldest of the rules. Rules of reasonable interpretation applicability key features logic. As all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. However, in many an acts, definition clause is inserted to mean a word or expression. Chapter xi principles of interpretation of statutes r u l e s of interpretation generally the interpretation of laws is confined to courts of law. Interpretation is art of finding true sense of words expressed in statute construction is drawing conclusion that is beyond the direct. Introduction the purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary.
This article focuses on the rules to be kept in mind while using it. Gradually, case by case, courts have developed assorted tools of interpretation. In fact, much of the success of an attorneys argument in an appeal may hinge on the courts acceptance. Interpretation of statutes is a very important issue which is not made easy due to varying factors. In cases that involve a statute, there is often a need for statutory interpretation. The golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. It is process of application of mind also called law, act, enactment. What was the common law before the making of the act. Simhanjana interpretation salmond defines interpretation as a process by which the court seeks the meaning of legislature through the medium of authoritative forms in which it expresses. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. For as long as there have been statutes, lawyers and laymen have puzzled over their inevitable ambiguities. Interpretation of statutes this article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the legislature is given effect. This work provides a comprehensive guide to the interpretation of statutes in south african law.
Despite this, there has been an inclusion of definition clause in most of the statutes so created, whether in the indian statutes or the statutes abroad. Statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep. Interpretation of statute, deeds and documents rules of. Statutory interpretation consists of three main rules which are described as the literal. Statutory interpretation advantages and disadvantages. One of them is that words do not usually have static meanings.
Statutes can be classified by object, by method, by reference to duration 1 classification by object a declaratory statutes declaratory statute may be defined as an act to remove doubts existing as to the common law, or the meaning or effect of any statute such acts are held to be retrospective. Discuss the rules of statutary interpretation with the. The rule is contained in heydons case 1584, where it was said that for the true interpretation of a statute, four things have to be considered. The main modules covered in interpretation of statutes. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment. Mischief rule of statutory interpretation academike. I have chosen to speak on the topic the interpretation of documents.
Heres an amazing pdf file containing the handwritten notes on the law subject interpretation of statutes. Statutory interpretation is the process by which courts interpret and apply legislation. Interpretation of statutes pdf notes, ebook for law llb. Statute interpretation research by qaiser javed mian llb,llmu. The interpretation of statutes is one of the most important subject usually taught in law. What links here related changes upload file special pages permanent.
It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the. The rules of statutory interpretation are rather crude labels for describing a complex mechanism. It is a compromise between the plain meaning or literal rule and the mischief rule. Pdf interpretation of statutes handwritten notes for law. There may be other errors unnoticed by parliament and statutes cannot cover every eventuality therefore. An evaluation of the rules of statutory interpretation. In the canadian interpretation act, under the heading rules of construction it is stated. Introduction to statutory interpretation law essays. Sources of law and interpretation of statute flashcards. Statutory interpretation juridical understanding of legislation statutory interpretation deals with the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. Interpretation of statutes basic knowledge llb notes. Welfare, social and beneficial statutes are not to be construed strictly. Golden rule of interpretation of statutes are one of best and integral rule according to which until unless there is no absurdity and inconsistency occurs in the construction it is best to adhere with the ordinary sense of meaning and still the problem persists then look into the intention of the legislature.
Literal rule and mischief rule in interpretation by g. This rule applies to the interpretation of constitutional and statutory provisions alike. The starting point in statutory construction is the language of the statute itself. The supreme court often recites the plain meaning rule, that, if the. Some amount of interpretation is often necessary when a case involves a statute. It is impossible to predict when judges will use the rule and what the result of the interpretation will be. Statute includes ordinance, order, bye laws, rules, regulations and notifications. One of the reasons for the dismal state of statutory. Sundaram iyyengar 1975 101 itr 764 sc if the language of the statute is clear and unambiguous, the court cannot discard. A quality pdf writer and pdf converter to create pdf. Chapter 1 introdution to interpretation of statutes.
In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Types of statute law of interpretation of statutes srd. What was the mischief and defect for which the common law did not provide. The purpose of interpretation is always to find out what the statute stands for, what is the defect it. Sometimes the words of a statute have a plain and a straightforward meaning. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london. Discuss the rules of statutary interpretation with the help of decided cases. These notes are to the point and will provide you an excellent overview of the key topics of interpretation of statutes. But if the words are vague and ambiguous then internal aid may be. This is the most widely used rule of interpretation in taxing statutes. Pdf interpretation of statutes download read online free.
By creating an act of parliament what was the mischief that the previous or existing law did not cover and this act covers. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. In simple words read the law as it is written without adding or deleting any words written in law. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. It is an elementary principle of construction of statutes that the words have to be read in their literal sense. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. There is a tremendous output of federal, state and territory legislation. On the other hand penal and taxing statutes and statutes.
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