Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule apply the literal rule have . Applying the narrow version in r v allen , the court held that the word marry not only covers legal marriage but extends to going through a ceremony of marriage to avoid the absurd situation of the accused circumventing the wishes of the legislature by advancing the literal definition that a second marriage cannot be legal as the first . There are three methods of statutory interpretation: lateral rule, golden rule, and mischief rule these methods are discussed further in the paper the literal rule. Okay as we know there are 3 primary rules of interpretation - golden, literal and mischief which rules of these rules supports the view object of all interpretation is to discover the intention of parliament, but the intention of parliament must be deduced from language used. He believes that judges never simply apply rules, but that they are there for a purpose the literal rule, the golden rule and the mischief rule – are used in .
Existing rules of interpretation and every pupil told me that there were three rules — the literal rule, the golden rule and the mischief rule, and that the . Literal/ golden/ mischief rules essay a pages:5 words:1139 applying this rule, a clear meaning appears, then this must be applied, and the courts will not . The literal rule - developed in the early nineteenth century - has been the main rule applied ever since then however, there are variations on this (the golden rule and mischief rule) fisher v bell a shopkeeper displayed a flick-knife in his window.
Essay writing 10 golden rules literal, golden & mischiefthis essay has been of the the golden rules for written examinations apply for all . Of course the literal - golden and mischief rules are an important part of jurisprudence and a fundamental part of a judges application of law they are devised to assist judges in interpreting the acts of law as they are written down with the occurrences of different meanings for certain words - so how does a judge apply that act of law fairly . The golden rule allows a judge to depart from a word’s normal meaning in order to avoid an absurd result the term “golden rule” seems to have originated in an 1854 court ruling, and implies a degree of enthusiasm for this particular rule of construction over alternative rules that has not been shared by all subsequent judges.
These rules are the literal rule, the golden rule, the mischief rule and the purposive approach the literal rule is the first rule of statutory interpretation, this is when judges take the ordinary, plain and natural meaning of a word. Advantages and disadvantages of the literal rule essay a essay sample on advantages and disadvantages of the literal rule literal/ golden/ mischief rules . There will be three main cases that will be discussed in order to gain an insight into how different rules used in law such as the mischief rule, literal rule and golden rule can affect how certain legislation can be interpreted within various cases. Continue reading the rules of interpretation mischief rule should be applied where there is ambiguity statute it is more flexible than literal and golden .
In order to apply the relevant statute to a case to reach a decision (used for the golden and literal rules) not always obvious what the original mischief . Cases illustrating the different rules of statutory interpretation: the literal rule, the golden rule and the mischief rule sale,’ and on any view there was an . Literal / golden / mischief rules essay 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.
There are three basic rules generally enforced for statutory interpretations such as literal, golden and mischief rules the rules of statutory interpretation . The rules of statutory interpretation these were the mischief rule, literal and golden rule 27 jul 2015 business law presentation for rules of interpretation various cases connected to it. The three rules as golden rule, literal rule and the mischief rule are applied by the court to assess the objective of legislation that has passed by the constitutionalist the golden rule may be used where the literal rule leads to an absurd status.
Explain the difference between the literal, golden and mischief rule (8 marks) when interpreting a word or phrase in a statute, is a court most likely to refer to the long title of a statute when applying the literal or mischief rule of statutory interpretation. There are four different rules of interpretation in english law which are the literal rule, the golden rule, the mischief rule and the purposive rule/approach each rule take different approaches and some judges prefer to use one rule while other judges prefer another rule. The rules share thread the three main rules are the literal, golden and mischief rule this means that the act of paraliament will not apply to any crimes . Topic: english legal system the judges have devised various approaches in interpreting statutes, these approaches are often termed 'rules' by textbook authors but it is important to bear in mind that these are not exactly 'rules' - there is no specific situation in which judges must apply a particular 'rule'.