Golden rule of interpretation of statutes pdf

The paper is a critique of the golden rule of interpretation along with relevant case laws. Interpretation of statutes pdf notes, ebook for law llb. The golden rule allows judges to choose the most sensible meanings in situations where the word of an act potentially have more than one meaning. In law, the golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. 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. One is the golden rule, which seeks to apply a reasonable and rational result. The golden rule tries to compliment the literal rule by allowing judges to change the meaning of statutes in order to give justice. The golden rule of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result. Golden rule it is a compromise between the plain meaning or literal rule and the mischief rule. The literal rule declares that the literal or ordinary meaning of the words used must be followed, whatever the result. Rules of statutory interpretation a lawyer must know ipleaders. In the canadian interpretation act, under the heading rules of construction it is stated. These rules each take different approaches to interpretation of the words in legislation. 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.

The case of adler v george 1964 is a classic example of the courts applying the golden rule. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity. It can only rule on the legislation as it standseven if it is in the process of. One of them is that words do not usually have static meanings. The main principles of statutory interpretation the literal rule, the golden rule and the mischief rule are all called rules, but this is plainly a misnomera misnomer is a term that suggests an interpretation known to be untrue. Interpretation of statutes is a craft rather than a science. As stated by salmond, by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. Literal rule and mischief rule in interpretation by g.

Rules of interpretation of tax statutes p a g e 2 49 foreword dear member, senior advocate mr. If the literal interpretation of the statute were to produce absurdity, then the intention of the. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Statutory rules are laid down either by the interpretation act 1978 applicable generally or by an individual act for that act only. This interpretation is supreme and is called the golden rule of interpretation.

What are the golden rule of interpretation of statutes. Introduction to statutory interpretation 5 statutes played a key role from the beginning. Golden rule of interpretation law of interpretation of. Ever enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects. Hi guys this is the third vedio in the series of rules of interpretation and it talks about golden rule of interpretation. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. Where the statute was passed to remedy a weakness, the interpretation will correct that weakness making complex cases easier to. The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover parliaments intention. The golden rule was formulated in the case of beck vs smith where it was provided that the literal interpretation of a statute should be used only to the extent that it would not produce absurdity or negate from the intention of the legislature. Dec 17, 2014 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. Interpretation, tentative principles, a golden rule, overriding principles, socalled primary, secondary and tertiary rules, manifest and clear meanings, rules of romandutch law influenced by english law, misconceptions about the structure and meaning of language, exceptions to the rule as well as differences of opinion about how the. General principles and recent trends congressional research service summary the exercise of the judicial power of the united states often requires that courts construe statutes. Literal meaning modified legislative intent is sought in the actual words used which are under stood in their natural and ordinary meaning and this is known as the grammatical interpretation or the literal rule of interpretation.

Statutory interpretation advantages and disadvantages. I remember having a tough time in college during interpretation of statutes but gradually i realized that these rules help in building strong reasoning power. The rule was closely defined by lord wensleydale in. Ranka, has authored articles on rules of interpretation of tax statutes in the bombay chartered accountants society journal bcaj. 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. The golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. The golden rule of interpretation can be said as the modification of the grammatical rule of interpretation. The golden rule could only modify the words to the minimum extent necessary to address drafting errors, and the mischief rule allowed consideration of. Then the court will turn to secondary aids of interpretation. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. 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. Introduction under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. In modern times the courts now employ a more purposive approach to interpretation using a range of intrinsic and extrinsic aids to interpretation. The mischief rule gives the most discretion to judges and is suited to specific, often ambiguous cases.

This then makes the interpretation of statutes not as simple as one would think. Oct 09, 2018 i remember having a tough time in college during interpretation of statutes but gradually i realized that these rules help in building strong reasoning power. The rule allows statutes to be refined and developed. It is a compromise between the plain meaning or literal rule and the mischief. This rule, however, does not apply where the legislature has deliberately used wider words in order to widen the scope of the provision. Meaning of golden rule the golden rules departs from its strictly literal rules, it is elaboration or extension of. The traditional rules of statutory interpretation, the literal rule, the golden rule, and the mischief rule are explained and the problems associated with their use explored.

In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Three rules had been developed accordingly to provide a framework of interpretation. The process of statute making and the process of interpretation of. It is a compromise between the plain meaning or literal rule and the mischief rule. The purpose of interpretation is always to find out what the statute stands for, what is the defect it. Some judges also feel that their role is to fill the. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Discuss the rules of statutary interpretation with the. No hypothetical considerations argument on hypothetical considerations should not have much weight in interpreting a statute.

The interpretation of statutes is one of the most important subject usually taught in law. Mischief rule of statutory interpretation academike. One of the three basic rules of interpretation, construction is golden rule. Literal rule the literal rule is a part of one of the statutory rules of interpretation. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. On the other hand penal and taxing statutes and statutes. Mar 21, 2016 interpretation of statutes is a very important issue which is not made easy due to varying factors.

Factors which have influenced the shift in the mode of statutory interpretation are. Administrative law and the interpretation of statutes 1936. The golden rule and the mischief rule both emerged over time,10 but it should not be forgotten that courts would only use these rules when the ordinary meaning created an absurdity or repugnancy. He has been practicing advocate and a past president of aiftp. The use of the golden rule prevents potentially repugnant situations. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Interpretation of statutes is a very important issue which is not made easy due to varying factors. 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. Where there is no interpretation section and a general interpretation act does not apply then a number of rules may be applied. Some judges prefer one rule, while other judges prefer another. Judges are able to add or change the meaning of statutes and thereby become law makers infringing the. What are the golden rule of interpretation of statutes answers.

Rules of interpretation interpretation of statutes in. Interpretation of statutes summary lectures 1 15 studocu. Interpretation thus is a familiar process of considerable significance. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. If the court applies the literal rule and there was no decision, they will apply other rules of statutory interpretation. Rules of interpretation interpretation of statutes in hindi.

But sometimes this rule leads to absurdity and the golden rule comes in to remove it. Golden rule of statutory interpretation elawresources. Origin of golden rule in the year 1857, for the first time, lord wensleydale propounded the golden rule of interpretation, in grey vs. This rule applies to the interpretation of constitutional and statutory provisions alike. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on parliaments intent. The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity.

Statutory rules are laid down either by the interpretation act 1978 applicable generally. The golden rule in english law is one of the rules of statutory construction traditionally applied by the english courts. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. This is also known as the golden rule of interpretation. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used.

These rules each take different approaches to interpretation of a statute. The rule was closely defined by lord wensleydale in grey v pearson 1857 hl cas 61, who stated. The golden rule and the mischief rule both emerged over time,10 but it should not be. 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. 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. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public. It was originated in england in 1854 and was coined by c. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or. The elementary rule of construction is that the language must be construed in its grammatical and literal sense and hence it is termed as litera legis or litera script.

Golden rule of interpretation in order to avoid blaming the legislative intent that tend to produce an unreasonable result, the judges are allowed to divert from taking the way of ordinary meaning of any enactment and liberated to adopt some other possible meaning which will avoid such result. Welfare, social and beneficial statutes are not to be construed strictly. The golden rule under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. However, when this may lead to an irrational result that acropdf a quality pdf writer and pdf converter to create pdf. Although legislature makes the statute, it may be open to interpretation and have ambiguities. It is known as the golden rule because it solves all the problems of interpretation. Thereafter this rule has become famous by the name of wensleydales golden rule.