What is the golden rule in law simple?
What is the golden rule in law simple?
This rule is a modification of the literal rule. 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.
What are the three main rules of interpretation?
Rules Of Interpretation
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What are the rules of interpretation?
According to this rule of interpretation, when two or more provisions of the same statute are repugnant to each other, then in such a situation the court, if possible, will try to construe the provisions in such a manner as to give effect to both the provisions by maintaining harmony between the two.
What is golden rule of interpretation Slideshare?
If the plain meaning of the word – is ambiguous, vague or misleading or – if a strict literal interpretation would result in absurd results • then the court may deviate from the literal meaning to avoid such an absurdity. • This is also known as the golden rule of interpretation.
What are basic rules of interpretation?
What are the main rules of interpretation?
How does the Golden Rule differ from the literal rule?
Overall the difference is that the literal approach is the interpretation of legislation applies the general rule that a court is bound by the words within the statute, but as where the two others are concerned they are the Golden Rule approach comes in when the Judge reluctant to use this approach by using phrases of …
Why is the Golden Rule important in law?
The Golden Rule was applied to extend the meaning of ‘vicinity’ and avoid the possible absurd outcome. The main advantage of The Golden Rule is that drafting errors in statutes can be corrected immediately.
What is the literal rule of statutory interpretation?
The literal rule is a type of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. In other words, the law is to read, word for word and should not divert from its true meaning.
What are the Golden Rule of interpretation of statutes?
THE GOLDEN RULE OF INTERPRETATION. 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.
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.
