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These rules of statutory interpretation provide a coherent and proven framework for the courts to follow to achieve the best possible outcome of a case in accordance with legislation. Question 2 This essay outlines the rules of statutory interpretation. Following are some of the guides that the courts most often use. Golden rule – the best interpretation of 3. (52) On this analysis, purpose must be taken into account at the outset, to determine what the provision means and whether the meaning is plain. Basic rules of interpretation are as follows. E XPLAIN BRIEFLY THE MAIN RULES OF STATUTORY INTERPRETATION ADOPTED BY THE COURTS. Schedules are used when several Acts or parts of Acts are repealed, or for a number of amendments. It is the principles developed by courts for interpreting statutes. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This question requires students to explain the main rules adopted by the courts in interpreting statutes. The rules are not in fact rules, but guidelines. The courts have evolved a number of rules to assist in the interpretation of a statute, where there is doubt as to the meaning of any part of it. Expressio unius est exclusio alterius. Internal Aids. The 'golden rule' is dealt with in Principles of Statutory Interpretation (G.P.Singh - Eighth Edition), in the following words: "VISCOUNT SIMON, L.C., said: 'The golden rule is that the words of a statute must prima facie be given their ordinary meaning'. Each aspect of interpretation closed off any connection between Pt 3 of Ch 4, in which s 4.3.12 was located, and Pt 3A of Ch 4, which dealt with the GMEs. What is the effect of these rules? exclusion altruism? It can only rule on the legislation as it … What are the three main rules of statutory interpretation? The specified process provides for the results of such statute interpretation to be thorough and, possibly even, may seem to surpass any additional issues the court may wish to raise. in the case of Rape Relief v. Nixon, there was no flexibility given regarding gender. For this reason, many of the so-called rules or principles of interpretation are no more than An Aid, on the other hand is a device that helps or assists. (Divorce & Remarriage, Minneapolis: Bethany House, 1967) Here are the eight rules: This rule essentially states that the statute means what it says. What is meant by ratio decided and obiter dicta? Hence, statutory interpretation is an important process when the case is judging by court and courts would seek to interpret the statutes at full steam. ... Nurses were not allowed to carry out terminations as the were not 'medical practitioners' mischief rule states that law was trying to avoid back street abortions therefore it was said that nurses could be classed as medical practitioners to stop unsafe abortions Bennion, Statutory Interpretation, Doc No 1990 002 082 Longman, (ISBN 0 85121 580 7) at 84; Crabbe describes the distinction between interpretation and construction as follows: Construction is wider in scope than interpretation. Biblical interpretation is more than knowing a set of rules, but it cannot be done without the rules. A particular section of the statute should not be inconsistent with the rest of the statute. S TATUTORY I NTERPRETATION 1. Maxims of statutory interpretation ‘Ejusdem generis’ ‘Noscitur a sociis’ ‘The rule of rank’ ‘Expression unius est exclusio alterius’ ‘Contemporanea expositio’ ‘Reddendo singula singulis’ ‘Cessante ratione legis, cessat ipsa lex’ Presumptions of statutory interpretation Introduction: What are presumptions? Start studying Statutory interpretation 3 rules. What are the five main levels of the courts, for the purposes of precedent? So, learn the rules, and rightly apply them…." There are three rules of language applied by the courts: Ejusdem generis rule. Many cases go to appeal on a point of interpretation, Indeed, Lord Hailsham, a senior English judge, once said that “probably 9 … There are numerous rules of statutory interpretation. so thats the literal rule, the golden rule and the purposive approach what are the disadvantages and advantages to them The Supreme Court has had a number of major statutory interpretation cases in recent years. Sometimes the words of a statute have a plain and straightforward meaning. The Court also had regard to the canon of statutory interpretation requiring a consistent meaning to be given to a particular term wherever it appeared in a suite of statutory provisions. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. Elaborate rules of interpretation were evolved even at a very early stage of Hindu civilization and culture. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation. Theories of Statutory Interpretation Potential Underlying Norms # Rule of Law predictability, stability, accessibility by citizenry # Democratic Legitimacy deference to decision by popularly elected legislators # Pragamatics interpreters have a duty to contribute productively to a statutory … This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. Literal rule – 2. The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts. What is meant by the doctrine of judicial precedent? These are known as Rules of Statutory Interpretation and have a direct impact on the drafting of legislation because as stated by Lord Simon of Glaisdale, 6 F. A.R. There are three rules of interpretation of statutes- Literal, Golden and Mischief. When the courts are determining what is counts as 'other' they will look at the context of the things in the list. There are also three main rules of statutory interpretation that judges use to decide a case: • the literal rule • the golden rule • the mischief rule 8. LAWS Final Exam Review What are the 3 rules of statutory interpretation? A similar approach is adopted by McLachlin J. in Opetchesaht Indian Band v. Canada. II. 3 Most rules of statutory interpretation can be classified in one of two ways: those concerned with relations between the words of a statute; and those concerned with the relation of the words in a statute to outside materials. • We learnt that Hansard is the official report of what was said in Parliament when the Act was debated. These include Yates (is a These include Yates (is a The mischief and the statute – Reason.com This well-settled rule of statutory interpretation has continued to be followed by this Court to the present time. There are several instances when a court must interpret and apply a statutory provision. 1. 1: IntroductIon to Statutory InterpretatIon 3 Unfortunately for newcomers, this is an ‘inescapably’ complex task which ‘involves an art, not a science’.6 The role of the courts in statutory interpretation is limited by the separation of powers doctrine. This is also referred to as statutory construction. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, “How do courts interpret statutes?” Statutory Interpretation. What is the effect of the ejusdem generis rule and the rule expressio units est. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. As stated by D C Pearce and R S Geddes in their book on statutory interpretation: Legislation is, at its heart, an instrument of communication. This applies where a statute contains a list of items followed by and 'other...'. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. Statutory interpretation is the act or process of interpreting and applying legislation. [63] The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant for srutis were employed for the interpretation of Smritis also. These are used to deal with technical detail that would otherwise clog up the main body of an Act. These steps will allow for the increased efficiency of the legal process, thus, allowing for more time to be better spent on pertinent concerns such as the pleadings and final judgment. 7/27/2015 30 Kirby, Michael --- "Statutory Interpretation: The Meaning of Meaning" [2011] MelbULawRw 3; (2011) 35(1) Melbourne University Law Review 113 STATUTORY INTERPRETATION: THE MEANING OF MEANING I THE MAIN TASK OF MODERN LAWYERS II SOME BASIC RULES OF APPROACH III DIGGING DEEPER FOR MEANING IV A BANK ROBBERY AND CARR’S CASE A The Facts Ejusdem generis rule . in the consideration of legislative interpretation or construction. The first rule and most important rule is the rule dealing with the statute's plain language. They may be statutory or non-statutory. If, for example, the statute says "vehicles," then the court is going to assume it means vehicles and not "planes" or something else. Plain Language In the process of interpretation, several aids are used. The essay will also outline the difficulties that courts face in applying the rules. With example-The 'Literal or Plain Meaning' rule refers to the situation when the Supreme Court defers to Parliament and basically follows the rule to a T. The rule would not be given any flexibility in the judgement of a certain case, ex. Rules Often Followed for Statutory Interpretation. While interpretation of a legal provision is always dependent of the fact of any given case, the application of a statutory provision would always depend on the exact facts of a given case. The rule of ordinary meaning and context. The terms contained in the norm should be understood in their ordinary meaning and in context.. Special meaning can be given to the term only if it is established that such was the intention of the parties. The statutes and common law provide several rules that guide the courts when they interpret a statute. Mischief rule words are ambiguous words can be chosen to – looks at the given their avoid an absurd result. Statutes should be internally consistent. • And how the rules of language act as an aid to the statutory interpretation of the 3 rules. When the legislature enumerates an exception to a rule, one can infer that there are no other exceptions. 2 KANSAS LAW REVIEW [VOL. The essay will starts by explaining what the rules are, and how they are used. Statutory interpretation allows the judge to have a clear meaning of what is meant by the statutes. Noscitur a sociis . In exercising their discretion, judges can use both intrinsic and extrinsic aids, such as Hansard and other statutes, Law Commission reports, and Royal Commission reports for the purposes of interpreting legislation. CONCLUSION • When compared, the rules of statutory interpretation are unalike so it is down to the discretion of the judge to apply which rule they see fits best. 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