It follows from this that there are 'rules' of statutory interpretation the three common law rules are: the 'mischief rule' the 'literal rule” and the 'golden rule. The rules are: literal rule follow the literal dictionary meaning (whiteley v chapple) golden rule disregard the literal rule if the result is. The golden rule of interpretation is a manner of interpreting statutes it is a slight departure from the literal rule of interpretation, which says that. When one has therefore followed these instructions to the best of his ability, he must observe what is properly called the golden rule of interpretation which is as . The rules of interpretation come into play only where clarity or precision in the the golden rule: no hypothetical considerations- argument on hypothetical.
These include the “literal rule” which accords primacy to the literal meaning of the language used in the legislation the “golden rule” with the presumption that an. 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. David l cooper (1886-1965), founder of the biblical research society, taught as his golden rule of interpretation: when the plain sense of.
The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation in view of the same, the grammatical. An overview of the golden rule of statutory interpretation with case summaries and a consideration of its advantages and disadvantages. Over the years they have developed three different rules of interpretation: 1 the literal rule 2 the golden rule 3 the mischief rule ▫ each rule take different. Definition of golden rule: unless doing so would be patently absurd, courts should hold to commonly understood meanings of the words of a document. How well do you know the rules of statutory interpretation do you know what the literal rule is do you know when the golden rule is applied do you know.
That is why we have rules, such as the literal, golden and mischief rules to help us there are three basic rules of interpretation of statutes which we examine. These rules should apply to interpreting both language texts, whether or not a of statutory interpretation: the mischief rule, the literal rule and the golden rule. 22 summary in regard to grammatical-literal or plain meaning rule 3 golden rule of interpretation 31 golden rule 311 absurdity 312 inconsistency with.
The golden rule is an adaptation of the literal rule it provides that words should be given their ordinary meaning as far as possible, but only to the extent that they . This is how you interpret a contract: the starting point is the words of the contract you consider the perceived literal meaning of the words in. We will examine interpretations that eliminate some of these problems cases the golden rule sounds like a perfect guide to morality but it's interpretation is rife . The subject of statutory interpretation already has a considerable literature of its the plain meaning of the words of the statute the golden rule, which would. The golden rule of interpretation the golden rule is that the words of a statute must prima facie be given their ordinary meaning it is.
“when ethics – the golden rule – is at the center, all compartments of life are “ we need to interpret the golden rule globally, creating a climate of opinion. The golden rule in english law is one of the rules of statutory construction traditionally applied by english courts the rule can be used to avoid the consequences of a literal interpretation of. The main principles of statutory interpretation-the literal rule, the golden rule and the mischief rule-are all called rules, but this is plainly a misnomer they are. Question 1 a statute may be interpreted by judges by using different rules which of the following is not a rule of interpretation a) golden rule b) literal rule.
Very long time that the interpretation of statutes is a matter for the judges it is not a for example, lord simon said: 'the golden rule is that the words of a statute. Statutory interpretation is an important aspect of the common law golden rule: according to the golden rule, the courts were to interpret legislation in a.