The literal rule disadvantages: the literal rules assumes that every act is written perfectly without any mistakes or drafting errors it is not always possible to. 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. In a recent decision [b premanand v mohan koikal] the supreme court has explained the literal rule of interpretation of statutes governing the. 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. The literal, golden and mischief rule they’re numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to.
This paper will provide a short introduction to literal and mischief rule of interpretation and the case studies related thereto. 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. 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. Definition of literal rule in the definitionsnet dictionary meaning of literal rule what does literal rule mean information and translations of literal rule in.
The literal rule, the golden rule and the rules of statutory interpretation (1) the rules of statutory interpretation (2. An overview of the literal rule of statutory interpretation with case summaries and a consideration of the advantages and disadvantages. Preserving the separation of powers remains crucial to statutory interpretation the irish courts have been conscious of the need to clearly define and. Literally interpreting the law- a appraisal of the literal rule of interpretation in india alekhya reddy t 1 literal rule of interpretation is one of the oldest.
Whiteley v chappell (1868) literal rule slideshow 232967 by mercy. To understand what is statutory interpretation and why we need it most learners will be able: to understand the literal rule some learners will be able.
Apache server at wwwopenedu port 80. Statutory interpretation notes the literal rule in in this case the court held that the traditional rules of statutory interpretation still formed part. Extracts from this document introduction when judges interpret statute, they have three rules to follow these are the literal rule, the golden rule and the.
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.
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. 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. The mischief rule when it is not clear whether an act falls within what is prohibited by a particular piece of legislation the literal rule. Video shows what literal rule means the method of strictly interpreting a statute according unto the meaning, established by convention, of the words used. Mischief rule is a principle used for the interpretation of a statute this principle is used by the courts to determine the intention of the legislators this. 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.
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. 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. 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. Assumes perfect drafting by parliament professor holmes: words are not crystals can lead to absurd or harsh decisions professor zander: rule is too mechanical. The golden rule starts by looking at the literal meaning but then the court is allowed to avoid an interpretation which would lead to an absurd result.Download Literal rule