In literal rule, the words in a statute are given its plain, ordinary, and literal meaning. The literal rule emphasises on the literal meaning of legal words or words used in the legal context which may often lead to ambiguity and absurdity. 8. Examples Of Statutory Interpretation | ipl.org Golden Rule. Golden rule of interpretation and mischief rule of ... The purpose of interpretation is always to find out what the statute stands for, what is the defect it intends to remove and . Golden Rule of Interpretation - IILS Blog This rule explains what the law is rather than explaining what the law means. 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. It follows the path of literal interpretation by giving the status its ordinary meaning. Otherwise, the literal rule of interpretation is people interpret everything according to their own belief system. Literal rule - SlideShare Interpretation of Statutes (Law): Rule of literal ... It is incumbent on the court to use the grammatical meaning. The literal rule uses the plain ordinary meaning of words. the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. Literal rule of interpretation is the primary rule. The literal rule of interpretation, in a way, is against the use of intelligence in understanding language. Literal Rule. Primary Rules of Interpretation are discussed hereunder. In order to achieve this, the judge will give the words in the statute of literal meaning, their plan ordinary everyday meaning, even if the effect of this to produce what might be considered as an otherwise unjust or undesirable outcome. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. What is the rule of interpretation? However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. It is the modification of the literal rule of interpretation. The term 'grammatical construction' was used by Salmond. Convenient, Affordable Legal Help - Because We Care. INTRODUCTION. Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. The Literal Rule of Interpretation is the oldest rule and is followed to date by the Judges across the globe. Otherwise, the literal rule of interpretation is people interpret everything according to their own belief system. Golden Rule of Interpretation. 3. The literal rule involves two subsidiary rules. The literal rule involves the judge applying The literal rule even if it results in absurdity. This rule also restricts the Courts from creating new laws through the interpretation of the existing ones. The literal rule involves the judge applying The literal rule even if it results in absurdity. The literal rule of interpretation is also known as the grammatical rule of interpretation. This page was processed by aws-apollo1 in. At the same time, when the literal interpretation leads to an irrational result unlikely to the ends of the act, the court can deviate from the literal sense. It considers the original meaning of the word. The literal rule involves giving the words their plain, ordinary literal meaning. The meaning of an ordinary word of the English language is not a question of law. When interpreting a statute, the courts generally applies the literal rule first before applying any other rules of interpretation. While applying the literal rule, the law is read word by word and without diverting from its true meaning. Literal rule is a rule used to interpreting statutes. 2. Whether the rule of ejusdem generis should be applied or not to a particular provision depends upon the purpose and object of the provision which is intended to be achieved. Literal Rule and Mischief Rule Interpretation. The literal rule of interpretation. But if the meanings of words seem to oppose the intention . As the first rule of statutory interpretation, the literal rule draws its name from the consideration given to statutes during legislation. An example of the use of the literal approach (there are many examples) is the case of Gibiino v. Barcellona (l973) 35 D.L.R. Formerly, the dominant approach to statutory interpretation was the 'literal rule', with its gloss known as the 'golden rule' supplemented by the 'mischief rule'. Literal rule of interpretation is the primary rule. After the interpretation, if that meaning is clear and unambiguous then the impact shall be given to the provision of the statute . Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. It does not look beyond the 'literal legis' (letter of law). The golden rule can be put forward as a compromise between the literal rule and the mischief rule. Golden Rule of Interpretation of Statute is a modification upon the Literal Rule wherein the court shall look into the literal meaning of the statute in the first instance and if such an interpretation would create irregularity or ambiguity the court shall modify the literal grammatical meaning of the provision to the extent of such irregularity. Literal Rule of Interpretation also referred as to grammatical interpretation is a capability that the phrases utilized in the statute are to provide or deciphered in their common, customary, and ordinary importance. 9. Lord Esher in R v Judge of the City of London (1892) " If the words of an Act are clear then you must follow them even though they lead to a manifest absurdity. It obliges the courts to fall back on standard common law principles of statutory R v Harris (1836) 7 C & P 446 The defendant bit off his victim's nose. In this video I have explained Literal or Grammatical Rule of Interpretation along with meaning and importance of Interpretation of statutes Principle Rules: Interpretation Of Statutes. What is the literal rule of interpretation? After the translation, if that importance is clear and unambiguous, The literal rule is the preferred rule by the judges themselves and where possible, they try to consistently use this rule. The paper is a critique of the golden rule of interpretation along with relevant case laws. The Restriction of Offensive  Weapons of this type in his shop window in the arcade at Broadmead. For example, in the case of whitely versus Chappel, the court came to the reluctant conclusion that Whitely could not be convicted of impersonating ‘’any person entitled to vote’’ at an election because the person he impersonated was dead. 8. Last Updated on 9 months by Admin LB Rules of Interpretation | Overview Rule of Literal Interpretation The Mischief Rule Golden Rule of Interpretation Rule of Harmonious Construction There are certain general principles of interpretation that have been applied by Courts from time to time. It is incumbent on the court to use the grammatical meaning. Sometimes the use of the literal rule may defeat the intention of parliament. To learn more, visit _| } B y O^ ? This rule also restricts the Courts from creating new laws through the interpretation of the . When the language used is simple and the words have only one meaning to it at that time judges will use this literal rule of . Judges are bound by the literal meaning of the words and cannot use their judicial minds to deviate from it. Judges have tended excessively to emphasize the literal meaning of wider contexts. When interpreting a statute, the courts generally applies the literal rule first before applying any other rules of interpretation. Formerly, the dominant approach to statutory interpretation was the 'literal rule', with its gloss known as the 'golden rule' supplemented by the 'mischief rule'. 1.1.2The Golden Rule The Golden Rule is based on statutory interpretation to deal with difficulties in language such as obvious absurdities or contradictory statements. The rules of statutory interpretation] are rather crude labels for describing a complex mechanism . /^ o . It is a central feature of textualism and acts as the minimal means of employment to legal construction. An interpretation is a method by which the word is explained. The Literal Rule of Interpretation is the oldest rule and is followed to date by the Judges across the globe. The legislation is drawn up with these principles in mind. Under this rule of interpretation the Courts interpret the statutes in a literal and ordinary sense. To place undue emphasis on the literal meaning of the words is to assume an unattainable perfection in craftsmanship. This is because the first glance is given to the ordinary or plain meaning of the words mentioned in the particular provision, for the words in a statute are enacted with an intent to specify their own natural meaning which plays an essential role for . Also, it is the most usable rule of interpretation. However, since little else is offered as an alternative discretion-confining theory, plan meaning survives. It is the first rule to integrate the statutes and laws by the judiciary. Interpretation is the method by which the true sense or the meaning of the word is understood. The Literal Rule of interpretation, also known as the Plain-Meaning rule, is a kind of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the legislature unless a statute explicitly defines any of its terms otherwise. … The literal rulerequires courts to interpret statutes in their plain, literal and ordinary sense. The literal rule of interpretation really means that there should be no interpretation. Some judges prefer What are the basic principles of interpretation of statutes? The rule requires that specific words are all of one genus, in which case, the general words may be presumed to be restricted to that genus. Whatever is written it, if it's plain and unambiguous, meaning should be given no matter whether it is unjust, arbitrary or inconsistent. The Literal Rule of interpretation is also known as the Plain meaning or the grammatical rule. Literal Rule of Interpretation also referred as to grammatical interpretation is a capability that the phrases utilized in the statute are to provide or interpreted in their natural, ordinary and normal meaning. There cannot be a fixed rule for Interpretation and similarly, a statute cannot be drafted without having multiple interpretations. Having a number of advantages it shows the number of limitations as are : © 2021, Scoopskiller. In literal rule, the words in a statute are given its plain, ordinary, and literal . Examining the vocabulary and literal sense of the law is the first and most important step in the interpretation process. • This approach will be used even if it produces absurdity or hardship, in which case the remedy is . According to this rule if the language of the statute is expressly clear, it shuts the possibility of further speculation. The rules established for statutory interpretation by judges and courts include the literal rule, the golden rule, and the mischief rule, these get considered within contextual and purposive approaches. The other two are the "mischief rule" and the "golden rule".The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. • The objective of the court is to discover the intention of Parliament as expressed in the words used. I have explained few case laws using t. The rationale behind the Literal Rule is that it prevents courts from making biased decisions when the issue is relating to political matters. Casey says. literal rule literal rule of interpretation the plain meaning rule, also known as the literal rule, is one of three rules of statutory construction

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