Discuss the golden rule of interpretation of statutes

May 22, 2012 discuss the advantages and disadvantages of the operation of the mischief rule. Mention the various external aids and explain in detail the role. Factors which have influenced the shift in the mode of statutory interpretation are. The literal rule the golden rule the mischief rule these are not rules as such, but they are different ways or approaching the interpretation of a statute.

Mischief rule of statutory interpretation academike. The court held that what is contemplated is giving of the. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. Discuss the rules of statutary interpretation with the. Donaldson in explaining interpretation of legislation.

This interpretation is supreme and is called the golden rule of interpretation. The mischief rule avoids absurd and unjust outcomes. The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The rule has been stated by supreme court in venkataraman devaru vs state of madrasair 1958 sc 255 in the following words the rule is well settled that when there are in an enactment two provisions which cannot be reconciled with each other, they should be so interpreted, that if possible effect should be given to both. An overview of the golden rule of statutory interpretation with case summaries and a consideration of its advantages and disadvantages. The court applied the golden rule to extend the literal wording of the statute to cover.

The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public policy. It is a compromise between the rule of interpretation and the rule of mischief. The court applied the golden rule to extend the literal wording of the statute to cover the action. Primary rule 1 rule of literal construction interpretation of statutes, deeds and documents duration. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Statutory interpretation advantages and disadvantages. When looking at statutory interpretation its vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes. Discuss literal rule of interpretation of statute answers. Past question papers of interpretation of statutes one stop. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that. Rules of interpretation of statutory interpretation. Past question papers of interpretation of statutes one.

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. Golden rule of interpretation comparision between english law and indian law introduction the golden rule is that the words of a statute must prima facie be given their ordinary meaning. 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 the real intention of the legislature. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. The golden rule of statutory interpretation provides that a court may. An overview of the golden rule of statutory interpretation with case summaries and a. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. It is a compromise between the plain meaning or literal rule and the mischief rule. On the other hand penal and taxing statutes and statutes. Interpretive methods that emphasize the primacy of text and staying within the boundaries of statutes themselves to discern meaning are textualist. The courts invariably follow the principle of strict construction in penal statutes. This rule now attained the status of classic is known as the mischief rule.

The golden rule is that the words of a statute must prima. Statutory interpretation essay plan legal system ls1025. Rules of interpretation interpretation of statutes in hindi youtube. Explanations and provisos are inserted to expand or. The golden rule still respects the words of parliament and interprets them in a literal way except in limited situations. Judges are able to add or change the meaning of statutes and thereby become law makers infringing the. Rules of interpretation interpretation of statutes in hindi. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. This rule applies to the interpretation of constitutional and statutory provisions alike. The purpose of interpretation of statutes is to help the judge to ascertain the intention of the legislature not to control that intention or to confine it within the limits, which the judge may deem reasonable or expedient. These rules each take different approaches to interpretation of a statute.

Jul 10, 2017 lecture 7 of series on interpretation of statute covering topic rule of harmonious construction with following topics. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. A prominent recent example is the courts approach to interpretation of tax legislation, incorporating the ramsay doctrine into the process of statutory interpretation, so that there is now in effect a presumption that charging provisions in tax statutes are applicable in relation to transactions undertaken for genuine commercial reasons, and cannot be avoided by imposition of artificial. Here judges rely on the exact wording of the statute for the case.

Statutory interpretation approaches and rules applied. Welfare, social and beneficial statutes are not to be construed strictly. Mischief rule words are ambiguous words can be chosen to looks at the given their avoid an absurd result. If the literal interpretation of the statute were to produce absurdity, then the intention of the. Oct 09, 2018 in todays video let us understand the rules of interpretation. We might call this the sensible interpretation approach. What are the rules of statutory interpretation our law has gradually developed a vast body of authority pertain ing to statutory interpretation.

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. State the circumstances when these rules are applied by the courts. There are some 1012 rules of interpretation, in this video i am discussing 6 rules of interpretation rest i will discuss in. This is also known as the golden rule of interpretation. The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases. They all take slightly different approaches and the judiciary do not always agree on which approach should be used, so the interpretation of a statute may depend.

The act referred to performances which were not unlawful. The rules of statutory interpretation 2 translegal. Dec 07, 2012 harsoli devi 23, a constitution bench of this court laid down. Discuss the rules of statutary interpretation with the help of decided cases. Statutes, however, although they make the law, may be open to interpretation and have ambiguities. Where there is a potential absurdity in the use of the literal rule, such as ambiguity, the golden rule can provide an escape route. An evaluation of the rules of statutory interpretation. The classic statement of the mischief rule is that given by. Describe the golden rule used in statutory interpretation. Judges are able to add or change the meaning of statutes and thereby. Then the court will turn to secondary aids of interpretation to find the intention of the legislature eg. The golden rule of interpretation can be said as the modification of the grammatical rule of interpretation.

The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. The third basic rule of interpretation of statutes is the mischief rule of interpretation. Introduction under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. Before we embark upon an inquiry as to what would be the correct interpretation of section 28 a, we think it appropriate to bear in mind certain basic principles of interpretation of statute.

The correct is one that best harmonises the words with the object of the statute. The golden rule approach which says that the words of a statute must be interpreted in such a way that any manifestly absurd result does not arise from interpretation. Crawford has discussed the various ways by which the meaning of. This rule implies a preference for the liberty of the subject, in case of ambiguity in the language of the provision. This is what is known as the rule of harmonious construction.

It was originated in england in 1854 and was coined by c. However, in many an acts, definition clause is inserted to mean a word or expression. Judges can use three main rules in interpretation acts of parliament. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. Each individual judge decides which particular rule to use in particular cases. In order to assist with the interpretation of statutes the judiciary have developed a number of rules.

There may be other errors unnoticed by parliament and statutes cannot cover every eventuality therefore. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to. It is known as the golden rule because it solves all the problems of interpretation. Rules of interpretation interpretation of statutes in. Harsoli devi 23, a constitution bench of this court laid down. Statutory interpretation essay example graduateway. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. The golden rule is used to interpret ambiguous meanings arising within statutes. Oct 12, 2015 statutory interpretation the golden rule by mrs j. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. Rules of interpretation of tax statutes p a g e 6 49 introduction 1.

Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. Lord diplock in the duport steel v sirs case 1980 defined the rule. The narrow approach as defined in jones v dpp 1962 by lord reid states if they are capable of more than one meaning, then you can choose between those meanings. The golden rule was applied in the case of council of university of ibadan vs adamolekun where the court had to interpret the provision of s.

The rule allows statutes to be refined and developed. Mar 21, 2016 the golden rule was formulated in the case of beck vs smith where it was provided that the literal interpretation of a statute should be used only to the extent that it would not produce absurdity or negate from the intention of the legislature. Discuss the above rule of interpretation of statutes and refer to at least two decided cases in which the courts in order to avoid the absurdity that the literal rule, if applied, would have resulted in the felt justified to modify the language of the statute to. Apr 02, 2017 the purpose of interpretation of statutes is to help the judge to ascertain the intention of the legislature not to control that intention or to confine it within the limits, which the judge may deem reasonable or expedient.

When it is used rule used duty of court principle laid down by. Apr 30, 2020 statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Golden rule of interpretation law of interpretation of. It is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. The elementary rule of construction is that the language must be construed in its grammatical and literal sense and hence it is termed as litera legis or litera script. Although legislature makes the statute, it may be open to interpretation and have ambiguities. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest. The golden rule in english law is one of the rules of statutory construction traditionally applied by the english courts. The golden rule of interpretation academike lawctopus. In constructing a penal act, if a reasonable interpretation in a particular case can avoid the penalty the court adopts that construction. Golden rule of statutory interpretation elaw resources. There are some 1012 rules of interpretation, in this video i am discussing 6 rules of interpretation rest i will discuss in part 2 of this video.

Discuss the advantages and disadvantages of the operation of the mischief rule. When determining the meaning of particular words the courts will make certain presumptions about the law. Interpretation of statutes write essay type answer on. Other approaches, including intentionalism, are more open to taking extrinsic considerations into. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. Lecture 7 of series on interpretation of statute covering topic rule of harmonious construction with following topics. Rule of harmonious construction meaning, nature, scope. If the statute clearly states the opposite, then a presumption will not apply and it is said that the presumption is rebutted. The golden rule of interpretation has to be departed from in cases, where the letter of the. Some of these rules are frequently referred to by the courts as canons of.