What is the legal meaning of statutory interpretation?
What is the legal meaning of statutory interpretation?
Statutory interpretation in its broadest sense is the process of determining the true meaning of a written document. There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach.
What is statutory interpretation and why is it important?
Statutory interpretation is important so that they are unable to make their own judgement in cases. If they stumble upon any problem they cannot change the law therefore they cannot interrupt the flow of justice. In allows Parliament to be the law making body and court will then apply the law.
What is statutory interpretation UK law?
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning.
Who uses statutory interpretation?
Laws are created by Parliament; Judges interpret the laws using Statutory Interpretation.
How does statutory interpretation affect law making?
The literal rule takes precedence over the others and states that the words in the statute must be interpreted to mean exactly what they say, however absurd or unfair the conclusion. To avoid allegations of law making, Judges often stick to this rule and take the literal meaning of the statute.
What is pari materia?
Pari materia means when two provisions of two different statutes deal with the same subject matter and form part of the same subject matter. It is a latin word.
How many types of statutory interpretation are there?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.
What is the first rule of statutory interpretation?
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.
What is ut res Magis Valeat Quam Pereat?
Ut Res Magis Valeat Quam Pereat is a legal maxim, used in India, with the following meaning: It is better for a thing to have effect than to be made void, i.e., it is better to validate a thing than to invalidate it.
What is Noscitur a Sociis rule?
Legal Definition of noscitur a sociis : a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.
What is casus Omissus in law?
Casus Omissus: a Maxim of Law If a particular case is omitted from the term of the statute, though such a case is within the obvious purpose of the statute and the omission appears to have been done by accident or inadvertence, the court cannot include the omitted case by supplying the omission.
What is the importance of statutory interpretation?
Statutory interpretation is the process by which courts interpret and apply legislation.
What are rules of statutory interpretation?
The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule.
Is statutory interpretation a matter of rule or style?
Statutory interpretation is essentially a personal matter. No rules can bind the process since any such rule must themselves be subjects of interpretation. (www.oxfordjournal.com) Statutory interpretation is used by judges to make sense of the law in relation to their judgments.
What is the literal approach to statutory interpretation?
The literal approach requires that statutes must be given a plain, ordinary or literal meaning. The court in interpreting the statute seeks to discover the intention of the Oireachtas as expressed in the legislation. The literal rule is the default rule.
