This rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied but associated problem the mischief rule of statutory. Definition of literal rule in the legal dictionary - by free online english dictionary and encyclopedia what is literal rule meaning of literal rule as a legal term. The literal rule, the golden rule and the final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislator. An overview of the literal rule of statutory interpretation with case summaries and a consideration of the advantages and disadvantages. Create and play your own literal rule puzzle for free and have fun as a new literal rule on word games. Video shows what literal rule means the method of strictly interpreting a statute according unto the meaning, established by convention, of the words used t.
Debate on which rule is better, followed by an introduction and activity into the rules of language. Literal rule is a rule used to interpreting statutes this rule explains what the law is rather than explaining what the law means when interpreting a statute, the courts generally applies. The mischief rule is one of three rules of statutory interpretation traditionally applied by english courts the other two are the plain meaning rule (also known as the literal rule) and. Before continuing with how laws are made, i am – for the sake of avoiding confusion – explain a little how laws are interpreted by explaining this now, i hope readers get a clearer idea on. Literal rule in law enforcementmain entry: law enforcement in the legal dictionary this section provides, in the context of law enforcement, a partial definition of literal. Statute law is law which is written and that is set in place by a legislature statute law may be used to extend, over rule or modify existing mean.
Using case law illustrations, explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule statutory interpretation is the process. The advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law viscount simmonds argued that it was not open to judges to.
The human rights act 1997 provides a new canon of statutory interpretation that acts are, where possible the literal rule is liable to lead to hardship. Statutory interpretation: advantages and disadvantages the literal rule advantages: the literal rule follows the words of parliament. Q discuss the rules of statutary interpretation with the help of decided cases explain - literal rule, mischief rule (aka rule in haydon's case), golden rule, rule of harmonious. Overview and case studies of literal rule for statutory interpretation.
Define the literal rule (noun) and get synonyms what is the literal rule (noun) the literal rule (noun) meaning, pronunciation and more by macmillan dictionary. The literal, golden and mischief rule they’re numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to) interpretation these are. Statutory interpretation is the process of determining whether a statute golden rule - the court would modify the meaning under the literal rule if the result.
Literal rule the literal rule is the primary rule which takes precedence over the others words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts. 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. Read this essay on the literal + golden rules come browse our large digital warehouse of free sample essays get the knowledge you need in order to pass your classes and more.