42 the rules of statutory interpretation in this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute these are: the literal rule. Yale law school yale law school legal scholarship repository faculty scholarship series yale law school faculty scholarship 1-1-1954 an evaluation of the rules of statutory. Some basic rules of interpretation suggestion, and theorizing we must not therefore go beyond the plain, literal meaning of the scriptures unless the facts of the context indicate a deeper, hidden, or the safest rule by which to be guided on this point may be. The literal rule involves giving the words their plain, ordinary literal meaning this rule has historical dominance fisher v bell  1 qb 394: a man owned a shop and had a flick knife on display in the shop window. Should any alternative approach be adopted, an alteration of the statutory language could be seen as a usurpation by non-elected judges of the legislative function of parliament, and other statute users would have the difficult task of predicting how doubtful provisions might be.
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. An overview of the literal rule of statutory interpretation with case summaries and a consideration of the advantages and disadvantages. Lesson objectives all learners will be able: to understand what is statutory interpretation and why we need it most learners will be able: to understand the literal rule. Case law quotes on and legal definition of - literal ruleif the words of an act are clear, you must follow them, even though they lead to a manifest absurdity. 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 what does literal rule mean in law.
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 the golden rule. Mischief rulewithin the context of law, the mischief rule this rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied in smith v hughes the mischief approach gave a more sensible outcome than that of the literal approach. Literal rule of statute interpretation states that statute must be construed in the ordinary and natural meaning of the words and sentences words and phrases will have their general meaning in statutes. 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 what happens when laws are unclear. Siam j comput vol 14, no 4, november 1985 1985 society for industrial and applied mathematics 013 the pure literal rule and polynomial average time.
Follows parliament supremacy and makes sure all judges do is apply the law rather than make itintended to demand precision with drafting so that anyone that can read english can understand the law. Statutory interpretation (the rules and approaches and aids judges use to interpret the meaning of words & phrases used in acts of parliament) the literal rule.
Literal rule meaning, definition, english dictionary, synonym, see also 'literally',liter',liberal',literacy', reverso dictionary, english simple definition, english vocabulary. 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. Debate on which rule is better, followed by an introduction and activity into the rules of language. Literal rule of interpretation is the primary rule under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense they in.