Which rule of statutory interpretation should judges apply first?

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.

How do judges interpret the law?

Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history, and evidence of the way a statute is implemented.

What happens when law is unclear?

In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity to be chilled within the range of the vagueness (either because the statute is a penal statute with …

What are the 4 rules of statutory 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 main rules of statutory interpretation?

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. Each rule will be looked at individually with case examples. The literal rule uses the plain ordinary meaning of words.

How judges have interpreted the principles of the rule of law?

The courts have interpreted the rule of law through a selection of cases that have examined the legality, the irrationality or the procedural impropriety of the actions of the executive or public bodies, or whether their actions conform to the Human Rights Act 1998.

What is the rule in the interpretation and construction of penal laws?

— it is a well-entrenched rule that penal laws are to be construed strictly against the State and liberally in favor of the accused. They are not to be extended or enlarged by implications, intendments, analogies or equitable considerations.

Which rule of statutory interpretation does Heydon’s Case 1584 establish?

The mischief rule was established in Heydon’s Case [1584] EWHC Exch J36 Case summary. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court’s role is to suppress the mischief the Act is aimed at and advance the remedy.

What are the 3 rules of statutory interpretation?

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. Each rule will be looked at individually with case examples.

What are the basic rules of interpretation?

Rules Of Interpretation

• Grammatical or Literal Rule of Interpretation.
• GOLDEN RULE OF INTERPRETATION.
• MISCHIEF RULE OF INTERPRETATION.

What is the first rule of statutory interpretation?

It should be remembered that the words acquire significance from their context. 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 the rule of doubt?

The Rule of Doubt is a U.S. Copyright Office rule that presumptively accepts copyright registration of a claim containing software object code, even though the Office cannot verify whether the software object code contains copyrightable work.

Are the rules of statutory interpretation one set rule?

However, the rules of statutory interpretation are varied, it is not one set rule, and therefore the most effective rule should be applied in consideration of the case. Together the rules allow for contemplation and are the starting point to allow for the most effective action in upholding the law.

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.

Which is the safest rule of interpretation of statutes?

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. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used.