The meaning of an ordinary word of the english language is not a question of law. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Interpretation and applicability heydons case the four rules garris v scott bengal immunity company v state of bihar state of karnataka v appu ingale cit mp and bhopal v sodra devi 3. Literal rule of interpretation is the primary rule. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. In short the general rule of construction is that in case of doubt, it is decided in favour of the tax payer even if such a decision is detrimental to the government. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. Chapter 1 introdution to interpretation of statutes. Statute interpretation research by qaiser javed mian llb,llmu. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts. Discuss the rules of statutary interpretation with the. A quality pdf writer and pdf converter to create pdf.
If there are two interpretations possible for the material words of a statute. Nature and scope necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear or where two views are possible or where the provision gives a different meaning defeating the. The rules of construction and the definitions set forth in this chapter shall be observed in the construction of this code and all other statutes, unless such construction would be inconsistent with the. Simhanjana interpretation salmond defines interpretation as a process by which the court seeks the meaning of legislature through the medium of authoritative forms in which it expresses. Cardinal rules for interpretation of taxing statutes. D a sward, a criticism of the interpretation of statutes in the new zealand courts. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. One of them is that words do not usually have static meanings. The primary rule of interpretation of statutes is called literal interpretation or literal.
Interpretation thus is a familiar process of considerable significance. Some amount of interpretation is often necessary when a case involves a statute. When the usual meaning of a word causes unjust outcomes, judges interpret the offending word to reduce the absurdity. Mischief rule of statutory interpretation academike. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and advance. Some linguistic analysis, 23 akron tax journal, 33 2008.
Explanations and provisos are inserted to expand or. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. Theory of appellate decision and the rules or canons about how statutes. The intention of the legislature originated in the principle of. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Primary rules of interpretation are discussed hereunder. Conclusion it would be idle to expect every statutory provision. The intention of the legislature originated in the principle of sovereignty. Interpretation is the method by which the true sense or the meaning of the word is understood. A guide to reading, interpreting and applying statutes. The various methods of statutory interpretation that have been developed by the courts over the years of the british legal system are a common law concept. Interpretation of statutes is needed when language of law is statutes mean an act passed by legislative body. Discuss the rules of statutary interpretation with the help of decided cases. The process of statute making and the process of interpretation of statutes are two distinct activities.
Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Interpreting treaties, statutes and contracts office of legal affairs. Interpretation of statutes latest nigerian supreme court. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. There are many socalled rules of construction that courts of law have resorted to in their interpretation of statutes but the paramount rule remains that every statute is to be expounded according to its manifest and expressed intention. Interpretation of an ambiguous statute usually requires a determination of reasonableness. Statutes imposing taxes or monetary burdens are to strictly construed. Another rule of the interpretation of statutes is that power once delegated cannot be redelegated relegated. Interpretation of statutes pdf notes, ebook for law llb. Statutory interpretation is the process by which courts interpret and apply legislation.
Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases. One of the reasons for the dismal state of statutory. Following 4 matters shall be considered while making interpretation under this rule what was old law before making of new act. The main aim of the rule is to determine the mischief and defect that the statute in question has set out to remedy, and what ruling would suppress the mischief, and advance the remedy. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. These rules each take different approaches to interpretation of a statute. A person to whom power has been delegated cannot delegate them to another.
This principle was first applied in an english case in the early 16th century. Sep 05, 2014 the mischief rule of statutory interpretation is the oldest of the rules. Jul 22, 2017 also called as mischief rule hayden rule purposive interpretation applicability on failure of literal interpretation words used in statue are ambiguous words are capable of more than 1 meaning. Understanding words, phrases and sentences of a statue in their ordinary and natural meanings. The mischief rule of statutory interpretation is the oldest of the rules. The normal way of interpreting or construing a statute is to seek the intention of legislature. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. Mar 21, 2016 interpretation of statutes is a very important issue which is not made easy due to varying factors. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. Relevance of constitutional law for the interpretation of statutes as all ordinary law has to be in conformity with the constitution theas all ordinary law has to be in conformity with the constitution, the same is true for its interpretation and application even though the basic rights only address the state, also civil law. Sundaram iyyengar 1975 101 itr 764 sc if the language of the statute is clear and unambiguous, the court cannot discard. Jan, 2017 this rule is usually avoided to complete interpretation unless the intent in itself can be interpreted properly.
The judges main task is to interpret the statutes utilizing the rules of interpretation. Posted on may 18, 2015 author papoo parmar categories interpretation of statutes. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Feb 23, 2017 literal rule and mischief rule in interpretation by g. The rule allows statutes to be refined and developed. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. The purpose of interpretation is always to find out what the statute stands for, what is the defect it. The traditional textual and intention of the legislature approach. The logic behind this principle is that imposition of taxes is also a kind of imposition of penalty which can only be imposed if the language of the statute unequivocally says so. The mischief rule was established in heydons case 1584 ewhc exch j36 case summary. When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. This rule applies to the interpretation of constitutional and statutory provisions alike. In construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning.
It is incumbent on the court to use the grammatical meaning. Rules of presumption and statutory interpretationinstructions 1 copyright sovereignty education and defense ministry, litigation tool 01. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. Statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. Interpretation of statute, deeds and documents rules of. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule. What was the common law before the making of the act. Apr 02, 2017 the purposive construction rule highlights that you should shift from literal construction when it leads to absurdity.
The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london. The law commission was set up by section 1 of the law commissions act 1965 for the purpose of promoting the reform of the law other than the law of scotland or of any law of northern ireland which the parliament of northern ireland has power to amend. A statute can be interpreted by using the golden rule, the mischief rule or the literal rule. In the construction of this code and of all other statutes of this state, unless the context requires a different meaning.
Thus pedestrian is interpreted so as not to include people walking to freeway phones in an emergency. As all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. Sometimes the words of a statute have a plain and a straightforward meaning. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted.
The process of statute making and the process of interpretation of. There are certain general principles of interpretation which have been applied by courts from time to time. Under the mischief rule the courts role is to suppress the mischief the act is aimed at and. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Traditionally, the romandutch rules of statutory interpretation are based on a purpose orientated approach. Contextual interpretation is a form of statutory interpretation widely. I have shared brief and tothe point notes that will help you revise this. Jun 08, 2015 as all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. Rules of presumption and statutory interpretation instructions 1. Rule of interpretation of statuteduty of court to interpret the provisions of statute clearly by giving the plain wordings their ordinary interpretation in the interpretation of statutes, the cardinal rule is that where the provisions of a statute is clear and unambiguous, the duty of the court is to simply interpret the clear.
True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Interpretation of statutes is needed when language of law is not clear or has ambiguous meaning. Interpretation of statutes this article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the legislature is given effect. In re sussex peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. On the other hand penal and taxing statutes and statutes. This principle is used by the courts to determine the intention of the legislators. Welfare, social and beneficial statutes are not to be construed strictly. Rule of deference to agency interpretations, unless contrary to plain meaning of statute.
This file may not be suitable for users of assistive technology. True special rules of interpretation are not necessary because. Feb 12, 2012 literal rule of interpretation is the primary rule. Statutory default rules scholars at harvard harvard university. Interpretation of statutes basic knowledge llb notes. In the heydons 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 are as followswhat was the common law before the making of an act. This rule applies when meaning is clear and has only one meaning.
Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. The other two are the plain meaning rule also known as the literal rule and the golden rule. Factors which have influenced the shift in the mode of statutory interpretation are. It is the basic principle of legal policy that law should serve the public interest. Literal rule and mischief rule in interpretation by g. Also called as mischief rulehayden rule purposive interpretation applicability on failure of literal interpretation words used in statue are ambiguous words are capable of more than 1 meaning. Statutory interpretation juridical understanding of legislation statutory interpretation deals with the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. In simple words read the law as it is written without adding or deleting any words written in law. Mischief rule is a principle used for the interpretation of a statute. Interpretation of statutes is a very important issue which is not made easy due to varying factors.
Ios 2601 multiple choice questions compiled by courtney engelbrecht special rules of interpretation are necessary because ambiguities in legislation cannot be solved by dictionaries alone. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment. Definition and purposes of contextual interpretation. Mischief rule the mischief rule is used by judges in statutory interpretation in order to discover legislatures intention. The proper construction of a statute is a question of law. It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from its preceding and succeeding words a court invokes the rule which produces a result that satisfies its sense of justice in the case before it the literal rule is the one most frequently referred to in express terms. The paper is a critique of the golden rule of interpretation along with relevant case laws. Rule of literal interpretation in construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. If the literal rule yields an absurd outcome, the judge will apply the golden rule. Definitions in any statute or regulation or rule made thereunder, unless the contrary intention appears academic board.
Unlike the civil law system, in a common law system precedents outnumber. The mischief rule the mischief rule of interpretation originated in heydons case. Mischief rule law and legal definition uslegal, inc. Oct 12, 2012 statutes mean an act passed by legislative body. Interpretation of statute, deeds and documents rule of reasonable interpretation part 4. Statutory interpretation lecture notes law teacher.
They interpret the words of the statute in a way that is used commonly by all. You have narrowed the range of possible interpretations to a few options, but cannot really say with any confidence that one of them is the meaning of the statute. Some linguistic analysis, 23 akron tax journal, 33 2008 pdf. It can only rule on the legislation as it standseven if it is in the process of. However, in many an acts, definition clause is inserted to mean a word or expression.
Apr 01, 2017 primary rules of interpretation are discussed hereunder. But trustees may appoint agents to do trust business, and are not responsible for their default, if employed in good faith. By creating an act of parliament what was the mischief that the previous or existing law did not cover and this act covers. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the court in interpreting it will have any need for the rules of interpretation of statutes.