What Is The Golden Rule In Statutory Interpretation?

What is golden rule in interpretation of statutes?

Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning.

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..

What are types of interpretation?

Language Scientific6 Major Types of Interpreting. Homepage. … Simultaneous Interpreting. … Consecutive Interpreting. … Escort/Travel Interpreting. … Whisper Interpreting. … Scheduled Telephone Interpreting (OPI or Over-the-Phone Interpretation) … On-Demand Phone Interpreting.

Subject to means conditional or being dependent upon something.

How does the Supreme Court interpret the Constitution?

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

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 are the principles of Bible interpretation?

In the history of biblical interpretation, four major types of hermeneutics have emerged: the literal, moral, allegorical, and anagogical. Literal interpretation asserts that a biblical text is to be interpreted according to the “plain meaning” conveyed by its grammatical construction and historical context.

What is the modern approach to statutory interpretation?

The ‘modern approach’ to interpretation requires that effect be given to the ordinary meaning of a statutory text in its wider context and with reference to its purpose.

What are the three main 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 is the literal rule in law UK?

The literal rule says that the intention of Parliament is best found in the ordinary and natural meaning of the words used. As the legislative democratic part of the state, Parliament must be taken to want to effect exactly what it says in its laws.

Why is interpretation of the law so important?

Statutory interpretation is important to the access to justice because it helps the judiciary system implement the law in an efficiency and effective way and helps the Parliament to make the law.

What is the purpose of a statute?

The statute is viewed as seeking to protect both the operation and the integrity of the government, and “covers all matters confided to the authority of an agency or department.” United States v.

What tools does a Supreme Court justice use to interpret the law?

Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history, and evidence of the way a statute is implemented.

What are the difference between literal golden and mischief rule?

The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. … The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases.

What are the principles of constitutional interpretation?

THE PRINCIPLES OF CONSTITUTIONAL INTERPRETATION Explain,”In the interpretation of constitution, the judicial approach should be dynamic than static, pragmatic than pedantic, and elastic than rigid”.

What is the purposive rule of statutory interpretation?

The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a …

What is the golden rule in law UK?

The golden rule Under the narrow approach, the court “can only choose between the possible meanings of a word…”, ie. if one meaning is apparent that meaning must be adopted. In Adler v George (1964), the defendant was charged under the Official Secrets Act 1920, with obstruction “in the vicinity” of a prohibited area.

How do you interpret a statute?

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.

What is the principle of interpretation?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be …

What is the difference between the mischief rule and purposive approach?

The mischief rule however is different to the strict criteria set out in Heydon’s case. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. … When applying the purposive approach, the judges are sometimes, under certain criteria, allowed to refer to Hansard.

What is mischief rule of interpretation?

The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts. … In applying the mischief rule, the court is essentially asking what part of the law did the law not cover, but was meant to be rectified by Parliament in passing the bill.

What are canons of statutory interpretation?

Canons of Statutory Construction (also called Rules of Statutory Interpretation) Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and presumptions about usage.