is left to the judge for the matter to be resolved. 2.0 Some of the methods of statutory interpreation that we will reveal and discuss are the Literal Rule, Golden Rule, Mischief Rule and also anylase the Purposive Approach used by the courts of United kingdom and other countries who have adapted to the Laws of United Kingdom. 2.1 The Literal Rule During the 18th and 19th centuries the court started to take more of a literal approach within their courts they took a strict view of the words of a
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are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. We need to understand and
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Contenido STATURORY INTERPRETATION 1 LITERAL RULE 1 GOLDEN RULE 1 MISCHIEF RULE 2 PURPOSIVE APPROACH 2 ALTERNATIVES DISPUTE RESOLUTIONS 3 INTRODUCTION 3 ARBITRATION 3 CONCILIATION 4 MEDIATION 4 MINITRAIL 5 NEGOTIATION 5 Bibliography 6 STATURORY INTERPRETATION LITERAL RULE This rule explains every word as an ordinary dictionary meaning. The aim of the court is to find the Parliament intentions when a word is used. Taken from: www.school-portal.co.uk
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“The Rule of Saint Benedict” The spirit of St. Benedict's Rule is summed up in the motto of the Benedictine Confederation: pax ("peace") and the traditional ora et labora ("pray and work"). According to St. Benedict, these rules are guide for Christians who are committed in the monastic movement but it shouldn’t be viewed as an exclusively legal code though it includes prescriptions for living in a monastery. The Rule actually contains a treasure of spiritual wisdom concerning the monastic movement
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are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. Extrinsic aids are matters
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language used. The courts are helped by a number of tried and tested rules of statutory interpretation. Judges have their own preferences as to these rules and are free to choose which approach to adopt depending upon the circumstances. The first option open to the judge is literal rule which involves applying the 'plain, ordinary, literal meaning’ of words even if this would lead to a manifest absurdity. This rule has been widely used even though the results have made nonsense of the law.
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What is Statutory Interpretations? Statutory Interpretations is the process by which Judges interpret Acts of Parliament. 75% of cases heard by the House of Lords are concerned with statutory interpretation. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity (can be interpreted
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vehicle Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn. Step 1 Area of Law: Common law rules of statutory interpretation Step 2 Principles of Law: Students should discuss: Literal approach – define it. IRC v Hinchy and other cases Golden Rule – define it Alder v George and other cases Mischief rule – define it Smith v Hughes and other cases The Ejusdem Generis rule-define it Hy
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relevant legal concepts and approaches to determine the validity of Daisy's argument. Statutory Interpretation Statutory interpretation is a method used by courts to interpret and apply legislation. It is necessary for legislations to have rules
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The literal rule of statutory interpretation should be the first rule applied by judges. Under the literal rule, the words of the statute are given their natural or ordinary meaning. They don’t interpret meaning. Lord Diplock in the Duport Steel v Sirs case (1980) defined the rule: “Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to it’s plain meaning because they consider the consequences
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