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In particular, this handout will address what to do before you begin interpreting a statute (Part I), tools of statutory interpretation (Part II), and theories of statutory interpretation (Part III) that can help inform which tools of interpretation you employ. I. Preliminary Steps.
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What are the rules of statutory interpretation?
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What is statutory interpretation & why is it important?
A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that courts apply to specific situations.
- Introduction
- Interpretation Meaning
- Construction Meaning
- Rules of Interpretation
- Conclusion
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One of the most substantial and the principal duty which are vested on the judiciary is the interpretation of the statutes or law which are in force. When the courts deliver justice in a legal dispute, they strictly abide with the boundaries framed by the legal frameworks which encompasses certain laws, statutes, The Constitution and delegated legi...
The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. Interpretation is the process of explaining, expounding and translating any text or anything in written form. This basically involves an act of discovering the true meaning of the language which has been used in the statute. V...
In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. The courts draw findings after analysing the meaning of the words used in the text or the statutes. This process is known as legal exposition. There are a certain set of facts pending before the court and construct...
Literal or Grammatical Rule
It is the first rule of interpretation. According to this rule, the words used in this text are to be given or interpreted in their natural or ordinary meaning. After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. 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...
The Mischief Rule
Mischief Rule was originated in Heydon’s casein 1584. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. It is known as Heydon’s rule because it was given by Lord Poke in Heydon’s case in 1584. It is called as mischief rule because the focus is on curing the mischief. In the Heydon’s case, it was held that there are four things which have to be followed for true and sure interpretation of all the statutes in general, which...
The Golden Rule
It is known as the golden rule because it solves all the problems of interpretation. The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then in all such events the literal meaning shall be discarded and interpretation shall be done in such a manner that the purpose of the legislation is fulfilled. The literal rule follows the concep...
Every nation has its own judicial system, the purpose of which to grant justice to all. The court aims to interpret the law in such a manner that every citizen is ensured justice to all. To ensure justice to all the concept of canons of interpretation was expounded. These are the rules which are evolved for determining the real intention of the leg...
Learn the meaning, rules and classification of interpretation of statutes with relevant case laws. Find out the difference between interpretation and construction, and the golden rule of interpretation with examples.
Learn about the rules and approaches of statutory interpretation in UK law, with examples and references. Explore the mischief, literal and golden rules, and the factors that may cause doubt in interpreting statutes.
Oct 17, 2023 · Learn what interpretation of statutes is, how courts apply it, and what tools and techniques they use. Find out the difference between interpretation and construction, the objectives of interpretation, and the statutory and non-statutory aids to interpretation.
Mar 10, 2023 · When courts render decisions on the meaning of statutes, the prevailing view is that a judge’s task is not to make the law, but rather to interpret the law made by Congress. Proponents of the two main theories of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy.
Nov 28, 2019 · Learn the rules and methods of interpreting statutes in India, with examples and case laws. The article covers primary and secondary rules of interpretation, such as literal, reasonable, mischief, harmonious, and purposive construction.
