R v judge of the city of london court  1 qbd 273 explained the literal approach as if the words of an act are clear, you must follow them, even though they lead to a manifest absurdity. An overview of the literal rule of statutory interpretation with case summaries and a consideration of the advantages and disadvantages. The need for statutory interpretation: the court has the task of decide the exact meaning of a word this is why words can be ambiguous the literal rule (lr. Mischief rule is a principle used for the interpretation of a statute this principle is used by the courts to determine the intention of the legislators this principle aims at. Regina v ojibway (1965) 8 criminal law quarterly 137 supreme court, 1965 blue j: this is on appeal by the crown by way of a stated case from a. Statutory interpretation: advantages and disadvantages the literal rule advantages: the literal rule follows the words of parliament.
The human rights act 1997 provides a new canon of statutory interpretation that acts are, where possible the literal rule is liable to lead to hardship. Statutory interpretation: statutory construction, as well as other interpretive principles rule of lenity. Start studying statutory interpretation learn vocabulary, terms, and more give the definition of the literal rule as outlined by r v judge of the city of london.
The literal, golden and mischief rule they’re numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to) interpretation these are listed as the follwoing: literal, mischief and golden rules the various supporting and opposing arguments. Text literals use the text literal notation to specify values whenever 'string' or appears in the syntax of expressions, conditions, sql functions, and sql statements in other parts of this reference. Should any alternative approach be adopted, an alteration of the statutory language could be seen as a usurpation by non-elected judges of the legislative function of parliament, and other statute users would have the difficult task of predicting how doubtful provisions might be rewritten by the judges can anyone translate that ^. The mischief rule gives a judge more discretion than the golden rule or the literal rule the definition of the rule comes from heydon's case (1584) set out below and, in the words of that time, there were four points for the court to consider.
Some basic rules of interpretation the golden rule of interpretation is just as fundamental in the field of literal meaning of the scriptures unless the. The literal rule, the golden rule and the final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislator.
Chapter 3 statutory interpretation 31 the literal rule when faced with a piece of legislation, the courts are required to interpret its meaning so. Follows the words that parliament has used judges have to follow exactly what has been written which means they must look at the law in a completely unbiased way makes the law more certain as it is interpreted word for word as it is written it is easier for people to know what the law is and how. Existing rules of interpretation the literal rule states that if the words of the legislative text are plain they must be followed, wherever that may lead. Fisher v bell  1 qb 394 offer and invitation to treat in contract law and literal rule of statutory interpretation.
Literal rule the literal rule is the primary rule which takes precedence over the others words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation should be applied. Statutory interpretation is the process of determining whether a statute golden rule - the court would modify the meaning under the literal rule if the result. Define golden rule: a rule of ethical conduct referring to matthew 7:12 and luke 6:31: do to others as you would have — golden rule in a sentence.
Determining legislative intent & rules of statutory the mischief rule or the golden rule or baron parke's rule if the unambiguous or literal meaning of. Video shows what literal rule means the method of strictly interpreting a statute according unto the meaning, established by convention, of the words used t. Extracts from this document introduction when judges interpret statute, they have three rules to follow these are the literal rule, the golden rule and the mischief rule. Statute law is law which is written and that is set in place by a legislature statute law may be used to extend, over rule or modify existing mean.
advantages and disadvantages of the literal rule the advantages of the literal rule is that it respects the sovereignty of parliament and. The golden rule starts by looking at the literal meaning but then the court is allowed to avoid an interpretation which would lead to an absurd result. The literal rule is a type of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise.