rules of interpretation

This site uses Akismet to reduce spam. Importance of Golden rule of Interpretation - 1) it departs from its strictly literal rules 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the Legislature. The Law Commission sees it as a far more satisfactory way of interpreting acts as opposed to the Golden or Literal rules. INTERPRETATION OF STATUTES PROF. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA LAW COLLEGE SATARA 2. Bennion, Statutory In- What is wrong with always preferring the more obvious meaning of a passage, unless the context forbids it? The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then in all such events the li… The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The Golden rule, or British rule, is a form of statutory interpretation that allows a judge to depart from a word’s normal meaning in order to avoid an absurd result. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. It is also known as literal or primary or natural or popular interpretation. For example, there are several passages in the New Testament referring to “water” as it relates to a Christian’s conversion and life. • They allow judges to look at other words in the Act in order to make the meaning clear. The meaning of an ordinary word of the English language is not a question of law. For example, imagine there may be a sign saying “Do not use lifts in case of fire.” Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. If you come to a passage that has more than one interpretation, isn’t the simplest one most likely to be what the Lord intended? However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby. It is a self-evident fact that a person has a right to explain the way in which he is using an expression. When it is said that words are to be understood first in their natural ordinary and popular sense, it is meant that words must be ascribed that natural, ordinary or popular meaning which they have in relation to the subject matter with reference to which and the context in which they have been used in the Statute. However, one word of caution is in order at this point. They also point out that ordinary people and lawyers do not have extensive access to secondary sources. (1.1) Construction that will passes all property. We know more than one instance in which this had happened. Biblical interpretation is more than knowing a set of rules, but it cannot be done without the rules. The interpretation consistent of all the provisions of the statute should be adopted. In any letter, discourse, book, or conversation in … In general, the authentic interpretation of a law may be made by the legislator or his successor or superior, but when this is not the case recourse must be had to what is called magisterial, or doctrinal, interpretation. The proper construction of a statute is a question of law. God’s Word is “truth” (John 17:17), and any one portion of it must coincide with everything else He says. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be The courts should not be overzealous in searching for ambiguities or obscurities in words which are plain. In Psalms 16:10, David seems to speak of himself in a time of danger when he says, “For thou wilt not leave my soul in hell; neither wilt thou suffer thine Holy One to see corruption.” David trusts God to deliver him from the hands of his enemies. The courts were required to rule on who then inherited the estate, the mother’s family, or the son’s descendants. 743, 747: “The basic rule of interpretation in contracts is that the interpreter must choose the legal interpretation that realizes the intentions of the parties from among the se-mantic meanings of the contractual ‘text’” (Barak, J.). The table of contents, alphabetical index, and titles of sections, chapters and sub-chapters are provided for ease of reference only; GENERAL RULES FOR THE INTERPRETATION OF THE HARMONIZED SYSTEM Classification of goods in the Nomenclature shall be governed by the following principles : 1. These rules will be discussed within the body of this essay. After successfully using the rules to classify a product, the outcome is a HS code that identifies the type of product to Customs. (1100 Words) The help of decided cases the literal (Grammatical) rule of Interpretation.. Interpretation of statues to render justice is the primary function of the judiciary. According to GRI 3(a), an electric hair clipper may be classified under HS 85102000 in Indonesia as a hair clipper instead of a household appliance. Aggarwal (AIR 1998 S.C. 1537). 4.2 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. In this article, we will name and briefly discuss fifteen of these rules. An application could be moved within 30 days of receipt of the order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939. The rule of harmonious construction is the thumb rule to the interpretation of any statute. These common sense rules are a science developed over many centuries. If any manipulation is done with words, then the statue would more likely fail to carry out the legislative intent. Examples of using General Rules of Interpretation/General Interpretative Rules of Classification : Rule 3. learn the rules, and rightly apply them, and you can disregard what Jerome, the learned Latin father of the Middle Ages, said: "What fools these people be' Everybody thinks he can interpret the Bible." An interpretation which makes the enactment a consistent whole should be the aim of the Courts and construction which avoids inconsistency or repugnancy between the various sections or parts of the statute should be adopted. But, in certain cases, more than one meaning may be … One of the basic rules of interpretation of statute is grammatical interpretation. Originating from a 16th-century case (Heydon’s case) in the United Kingdom, its main aim is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. The Courts should avoid “a head-on clash”, in the words of the Apex Court, between the different parts of enactment and conflict between the various provisions should be sought to be harmonized. 3) Always Allow An Author’s Own Explanation Of A Passage To Stand Beyond Any Other Explanation. The rule of harmonious construction has been tersely explained by the Supreme Court thus, “When there are, in an enactment two provisions which cannot be reconciled with each other, they should be so interpreted, that if possible, the effect should be given to both”. Indeed, incorrect applications of the VCLT rules of interpretation, notably Article 32, contribute to exacerbate legal insecurity and the risks of conflicts of interpretation, thus undermining the confidence of States and investors in the system. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. The rules are flexible in nature. However, since little else is offered as an alternative discretion-confining theory, plain meaning survives. In the process of interpretation, several aids are used. These are: the literal rule the golden rule the mischief rule the purposive approach. In the 16th century, the judiciary would often draft acts on behalf of the king and were therefore well qualified in what mischief the act was meant to remedy. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. These rules have major role to play in proper and beneficial implementation of law under the garb of different rule, expressions of interpretation. Rules of interpretation. In probate law, the rule is also favoured because the testator is typically not around to indicate what interpretation of a will is appropriate. The rule of grammatical construction is considered to be the first principle of interpretation. There are certain general principles of interpretation which have been applied by Courts from time to time. It is known as the golden rule because it solves all the problems of interpretation. I.3.1.1 US — Gasoline, p. 17, DSR 1996:I, p. 3 at 16 (WT/DS2/AB/R) . The Court leans in favour of an interpretation which conforms to justice and fair play and prevents injustice.[6]. To avoid ambiguity, legislatures often include “definitions” sections within a statute, which explicitly define the most important terms used in that statute. Words undergo shifts in meaning in the course of time. Interpret the Scriptures literally unless you have good reason to believe that they are figurative. This rule states that the effect must be given to the statue even though it be absurd or results in starling consequences.The words of a statute must prima facie be give… These are known as the General Rules of Interpretation (GIR) 1 through 6. … So. Proponents of the plain meaning rule claim that it prevents courts from taking sides in legislative or political issues. Your email address will not be published. A construction which makes one portion of the enactment a dead letter should be avoided since harmonization is not equivalent to destruction. The courts must avoid a head-on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. Das, stated: “It was to cure this mischief of multiple taxations and to preserve the free flow of interstate trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the constitution maker adopted Article 286 in the constitution”. The Supreme Court in Bengal Immunity Co. v. State of Bihar[5], applied the mischief rule in the construction of Article 286 of the Constitution of India. IN our future commentaries upon the constitution we shall treat it, then, as it is denominated in the instrument itself, as a CONSTITUTION of government, ordained and established by the people of the United States for themselves and their posterity. Example: The facts of a case are; a son murdered his mother and committed suicide. Rules Of Interpretation (2) By Mike Riley. Keywords: interpretative criteria, common law, statutory rule, legal policy, presumption, linguistic canon. The earlier served as a pledge for the latter. It can be argued that this undermines Parliament’s supremacy and is undemocratic as it takes lawmaking decisions away from the legislature. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such a way so that effect is given to both the provisions as much as possible. Beatitudes - Blessed Are the Pure in Heart! In any letter, discourse, book, or conversation in ordinary communication this is true, unless the author is seeking to mislead or confuse the reader or conceal ignorance. Golden rule in nutshell - Object of interpretation . Another important point regarding the rule of literal construction is that exact meaning is preferred to lose meaning in an Act of Parliament. These principles are listed and discussed here in the context of bylaws, but the principles apply to other rules, too. It essentially asks the question: By creating an Act of Parliament what was the “mischief” that the previous law did not cover? 1) Ordinarily, Every Passage Has But One Meaning. Head-On clash of seemingly contradicting provisions and they must construe the contradictory provisions so to!, Legal Bites has been divided into three wings namely the legislature of. When case involves suble or ambiguous aspects of a statue which shall suppress the mischief which it... Are exceptions to this rule is to interpret words as they are really complementary, not.! 5, 2019 less than 0 min read have extensive access to secondary sources, such committee. 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Undemocratic as it takes lawmaking decisions away from the general scope and intention of the chapter. Statutory In- the second of a statute is clear, there is no hierarchy of to... Immediately precedes and follows and all parts properly connected to it an immediate meaning as well as a pledge the! Can be derived out of the statutory rules of interpretation along with relevant case.. To harmonize both the provisions, the Author of Mimamsat Sutras, originally meant for were! The help of decided cases the literal rule words in the act one Passage will often explain another.... Of consistency in truth – truth must harmonize with truth and used to seek new.. Using the rules today, primarily because judges may not legislate them…. not contradictory own Explanation of a of... Are the rules of interpretation rules: rules of interpretation along with relevant case laws //www.thelawbank.co.uk...

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