What are the three main rules of statutory interpretation?

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

What are the four main steps to statutory interpretation?

There are four main steps to statutory interpretation. They are: get the facts, locate a relevant statute, analyze the statute, conclude. This statute has four elements.

What are the rules for interpretation?

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.

What are the 4 rules of statutory interpretation PDF?

These are:  the literal rule  the golden rule  the mischief rule  the purposive approach.

What is the golden rule of interpretation?

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 is the golden rule statutory interpretation?

It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.

Which rule of interpretation is best?

The Golden Rule It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. It is used in a wider sense to avoid a result that is obnoxious to the principles of public policy. It is known as the golden rule because it solves all the problems of interpretation.

What is cardinal rule of interpretation?

In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule.

What are the rules of statutory interpretation?

“ [The rules of statutory interpretation] are rather crude labels for describing a complex mechanism, i.e. making sense of what someone else has written. The labels are still in common use, but they are dangerous.

Can legislative history be used to interpret unclear statutory language?

295 . Harbison v. Bell, 556 U.S. 180, 198 (2009) (Thomas, J., concurring). 296 . See, e.g., Stephen Breyer, On the Uses of Legislative History in Interpreting Statutes, 65 S. Cal. L. Rev. 845, 848 (1992) (“Using legislative history to help interpret unclear statutory language seems natural.

Does the language of the law influence its interpretation and application?

There is however the argument that as the law is expressed in language there are factors that will influence the interpretation and application of legal rules, however by having a set of rules to follow in the interpretation of the rules, it does not suggest rigidity in the result and it is possible for the result to be the “wrong” result.

Do courts find it difficult to read statutory language?

Despite this principle, courts can find it difficult to read particular language as being in harmony with the tenor of other statutory provisions or the overall statutory purpose. Same-day opinions by the Fourth and D.C. Circuits on premium tax credits under the Affordable Care Act (ACA) illustrate different approaches courts may take.