What is literal rule of interpretation in jurisprudence?
The literal interpretation is a means to ascertain the ‘ratio legis’ of the statute. In the literal rule, the intention of the parliament while framing the statute, is the ordinary meaning of the words used. In the literal rule of interpretation, there is no contrary meaning within the statute.
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 literal rule of interpretation how is it different from the golden rule of interpretation?
What is the difference between the literal rule and the golden rule of interpretation? The literal rule of interpretation focuses on the literal meaning of words used in a legal statute, but the golden rule brings out any secondary or hidden meaning of those words.
How was the literal rule applied in Fisher v Bell?
One Example of The Literal Rule was the Fisher v Bell case (1960). Under the offensive weapons act of 1959, it is an offence to offer certain offensive weapons for sale. Under The Literal Rule, biting is not stabbing, cutting or wounding (implying the use of an instrument). The defendant was proven not guilty.
Which rule is known as modification of literal rule?
It is the modification of the literal rule of interpretation. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. In view of the same, the grammatical meaning of such words is usually modified.
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 the English rules for interpretation of statutes?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.
What cases used the literal rule?
One Example of The Literal Rule was the Fisher v Bell case (1960). Under the offensive weapons act of 1959, it is an offence to offer certain offensive weapons for sale. Bristol shopkeeper, James Bell displayed a flick knife in his shop window.
How effective is the literal rule?
An advantage of the literal rule is that it forces judges to carry out Parliaments intention. This is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers.
Why is the golden rule of interpretation called modification of literal rule?
It is the modification of the literal rule of interpretation. The literal rule emphasises on the literal meaning of legal words or words used in the legal context which may often lead to ambiguity and absurdity. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation.
How golden rule is different from literal rule?
Under The Literal Rule, bigamy would be impossible because civil courts do not recognise second marriages, so The Golden Rule was applied to determine that the word ‘marry’ should be seen as ‘to go through ceremony’ and the conviction was upheld. The Golden Rule was applied in the Adler v George case (1964).
What is secondary rule of interpretation?
18. SECONDARY RULES AKA RULES OF LANGUAGE – • Noscitur a sociis – When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. Noscere means to know and sociis means association. Thus, Noscitur a Sociis means knowing from association.
What is the literal rule of interpretation in law?
The literal rule of interpretation has been termed as the primary rule of interpretation. As the name suggests, the literal rule of interpretation means that the judge literally interprets the statute. It can also be called the plain-meaning rule or the grammatical rule.
What are the rules of interpretation of the Constitution?
Two such rules of interpretation are the Literal rule and the Mischief rule. Literal Rule or Plain Meaning Rule is acclaimed as the safest guide to legislative intent, as the legislature is not to be supposed to use words in a statute, in vain.
What is the cardinal rule in interpreting statutes?
The cardinal rule in interpreting statutes is to interpret them literally and grammatically, giving words their usual and natural meaning. The Plain Meaning Rule is another name for this rule. Examining the vocabulary and literal sense of the law is the first and most important step in the interpretation process.
Which is the safest rule of interpretation in law?
It is the safest rule of interpretation. The literal rule of interpretation, in a way, is against the use of intelligence in understanding language. Judges are bound by the literal meaning of the words and cannot use their judicial minds to deviate from it. Ejusdem Generis: It literally translates to “of the same kind”.