The literal interpretation is a means to ascertain the aratio legisa of the statute. Interpretation of statutes 2017 admission course objectives. Every statute has to be interpreted by the judge the way it is meant to be understood. It does have regard to the particular context in so doing. In this video i have explained literal or grammatical rule of interpretation along with meaning and importance of interpretation of statutes. The literal rule is a part of the statutory rules of interpretation. Conjunctive and disjunctive words prima facie it may seem that. One of the basic rules of interpretation of statute is grammatical interpretation. Parliament is our lawmaking body and it is therefore correct that judges should apply the law as written by parliament without changing it. The primary rule of interpretation of statutes is, however, traditionally stated as being. Apr 04, 2021 the principal rules of statutory interpretation are as follows. It also enlightens the students about various rules and principles applicable while interpreting a legal provision. In the literal rule, the intention of the parliament while framing the statute, is the ordinary meaning of the words used.
The literal rule of interpretation suggests that statute are to be interpreted according to the ordinary natural a and literal meaning. When the literal rule is applied the words in a statute are given their ordinary and natural meaning, in an effort to. The judge cannot modify the language of the act with the intention of making it in accordance of his views on what is right and reasonable. According to section 11 of the restriction of offensive weapons act 1959, a flick knife cannot be manufactured, sold, hired, offered for sale or hire, lent or given to another person. Over time, various methods of statutory interpretation and construction have fallen in and out of favor. The maxim a verbis legis non est recedendum means that you must. It obliges the courts to fall back on standard common law principles of statutory. This is an example of which rule of interpretation. The primary rule of interpretation of statutes is called literal interpretation or literal construction.
Thus, in case of strict interpretation courts may prefer the literal rule while for liberal construction courts may prefer golden rule or mischief rule. Brief regarding rules of interpretation of statutes. The literal rule of interpretation of statute legal service india. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. In the canadian interpretation act, under the heading rules of construction it is stated. Sep 29, 2020 a rule of statutory interpretation that attempts to determine the legislators intention to determine the mischief and defect to give ruling to implement the effective remedy. According to this rule, the words used in this text. Jan 15, 2020 the literal rule of interpretation, also known as the plainmeaning rule, is a kind of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the legislature unless a statute explicitly defines any of its terms otherwise. Here, while interpreting the words, the emphasis is to be laid on the intention of the legislature and also the purpose of statute 1. Cardinal rules for interpretation of taxing statutes. Exceptions to the rule of literal interpretation generally a statute must be interpreted in its grammatical sense but under the following circumstances it is not possible.
Maxwell on interpretation of statutes under the head ut res magis valeat quam. The interpretation of laws is confined to courts of law. Jul 08, 20 statutory interpretation should begin and end with the text of the statute. Generally, taxing and penal statutes are to be strictly construed while beneficial or benevolent legislation like esi, contract labour act or p. Interpretatiopn of statute sem 8 bbab com llb 2017. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. The term interpretation has been derived from the latin term interpretari which means to explain or understand. If parliament does not like the literal interpretation, then it must amend the legislation. These are the literal rule, the golden rule and the mischief rule. The literal rule declares that the literal or ordinary meaning of the words used must be followed, whatever the result.
It tends to be one of the primary rule to be applied by the judges. In this case, the judges applied the literal rule of statutory interpretation in interpreting section 11 of the restriction of offensive weapons act 1959. Golden rule of interpretation contains the following points. Then the legislative intent behind the text can be referred to, to draw out the bestsuited interpretation of the same. Interpretation takes place whenever the meaning of a legal document must be determined. The executive must act and the judiciary in the course of. Literal rule aka plain meaning rule it means that statutes are to be.
It seeks to find the ordinary and natural meaning of the words. Statutory interpretation advantages and disadvantages. The literal rule of interpretation restricts the courts to stick to the natural meaning of the given words. Literal rule of interpretation is the primary rule.
Interpretation of statutes pdf notes, ebook for law llb. Here, we shall study the rules of literal grammatical interpre tation. Literal rule, golden rule, mischief rule, subsidiary rules and harmonious. The practice of statutory interpretation over the last few decades has shifted from literal to purposive, however the exact origins of each is difficult to determine. Its meaning and importance have been expressed in detail in previous questions. Application of golden rule application of golden rule depends upon the consequences. Ever enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects. The primary rule of interpretation of statutes is called literal interpretation or literal. This is the most widely used rule of interpretation in taxing statutes. Sundaram iyyengar 1975 101 itr 764 sc if the language of the statute is clear and unambiguous, the court cannot discard. Where in an enactment, there are two provisions which cannot be reconciled. Golden rule tries to avoid absurd and abnormal result. General rules of interpretation, internal aids to interpretation, external aids to interpretation, literal rule, golden rule, mischief rule, subsidiary rules and harmonious construction are some of the most important rules. Feb 10, 2012 literal rule of interpretation is the primary rule.
The most common rule of interpretation is that every part of the statute must be understood in a harmonious manner by reading and construing every part of it together. Granted, the text is still read for its ordinary but only initial meaning, but, as has been pointed out, the statute as a whole and its context play an equally important role in the interpretation process. The other two are the mischief rule and the golden rule. The golden rule, or british rule, is a form of statutory interpretation that allows a judge to depart from a words normal meaning in order to avoid an absurd result. The mischief rule was regarded by the law commission, which reported on statutory interpretation in 1969, as a rather more satisfactory approach than the other two established rules. Governing the interpretation of statutes, the literal rule is the often invoked rule pressed into action to ascertain the legislative intention behind the framing of the enactment. Dictionaries often list words with several different meanings. Logical defects aambiguity binconsistency cincompleteness or lacunae dunreasonableness logical interpretation.
But sometimes, the language of the statute can be attributed with more than one specific meaning. Statutory interpretation in a nutshell university of toronto faculty of. By the literal rule words in the statute must be given their plain and literal meaning. The main aim of the court is to discover the intention of the parliament as expressed in the words used. All that the court has to see at the very outset is, what does the provision say. Justice jervis, has described the meaning of literal rule in abley v gale4.
Literal interpretation versus liberal interpretation by sreya. The paper is to equip the students with various tools of interpretation of statutes. Literal interpretation versus liberal interpretation by. Top 20 landmark judgements of interpretation of statute. We may reiterate at the cost of repetition that strict interpretation of a statute certainly involves literal or plain meaning test. This simply means according the words in the statute their ordinary, natural and grammatical meaning. Interpretation, rules and principles of statutory oxford. Some of the important rules of statutary interpretation are. Golden rule of interpretation law of interpretation of. A literal interpretation has the following major rules the simple meaning of words. However,the application of literal rule of statutory interpretation does not always result in a fair outcome and can. Further this course gives an idea about the importance of various tools for interpretation. The literal rule remains the primary rule of interpretation.
Statutory interpretation and the plain meaning rule core. Pdf literal rule of interpretation azeem mian academia. The primary and important rule of interpretation is called the literal rule. Primary rules literal or grammatical rule important aspects of this rule to construe the provisions literally and grammatically giving the words their ordinary and natural meaning. Use of the literal rule in this situation may lead to absurd results. These rules each take different approaches to interpretation of a statute. A statute is the will of the sovereign legislature according to which the governments function. Literal construction in construing a statutory provision the first and the foremost rule of construction is that of literal construction. The purpose of interpretation is always to find out what the statute stands for, what is the defect it intends to remove and what is the remedy it seeks to advance 1.
The literal rule is often the first port of call for a court seized with the interpretation of a statute. The socalled literal rule no longer has any place in statutory interpretation. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines s. Literal or grammatical rule, golden rule, purposive rule. Craies statute law and maxwell on the interpretation of statutes. First, by the mid 20th century, it was generally appreciated that the words of judges, written in their opinions, should not be subjected to the precise analysis appropriate to statutory and similar texts. Case related literal rule of interpretation indian. It is incumbent on the court to use the grammatical meaning. Noscitur a sociis, ejusdem generis, reddando singula singulis. After applying the literal rule, if the words create an absurdity, inconvenience or are inconsistent with the main intention of the statute, then golden rule of interpretation is applied. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Literal rule of interpretation of statues scoopskiller.
Interpretation of statutes pdf notes, ebook for law llb students. Words may be ambiguous and therefore the use of the literal rule may make the meaning of an act unclear. A court of law is bound to proceed upon the assumption that the legislature is an ideal person that does not make mistake 8. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts. They interpret the words of the statute in a way that is used commonly by all. This course provides an idea about how a law can be interpreted in cases of ambiguity. Aug 24, 2020 this is called the literal or grammatical interpretation of statutes. The eighteenth and nineteenth centuries saw a trend towards a more literal approach.
Application of literal rule may lead to an absurd interpretation of statute. Golden rule of interpretation law of interpretation of statute. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. It is universal fact that the main purpose of interpretation is to know the intention of the legislature and give it an effect, it is only possible when the language of the legislature is understood accordingly. The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
It is a compromise between the plain meaning or literal rule and the mischief rule. Where the situation demands the application of the golden rule it is important to consider the effect or consequences, which. In constitutional and statutory law, legal interpretation can be a contentious issue. May 23, 2020 the literal rule is a part of the statutory rules of interpretation. Approaches to interpretation i mcmahon legal guide. The first and most important rule of literal interpretation is that a words should be given their ordinary meaning, and. Lawyers and judges search for meaning using various interpretive approaches and rules of construction. 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. Mischief rule was originated in heydons case in 1584. They have to confine themselves to the exact meanings of the words used in the statutes. Legal interpretation may be based on a literal reading of a document. Discuss the rules of statutary interpretation with the. The statutes should be construed in such a manner as though there is no other meaning except the literal meaning.
The basic principle of the construction of statutes is that, the words have to be read and understood in their true literal sense. As justice donaldson contended, the interpretation of statutes is a craft as much as a science and the judges, as craftsmen, select and apply the appropriate rules. Plain meaning rule where a statute can be construed according to the plain meaning of its terms, it will be the plain meaning rule applies where the terms are clear and unambiguous and the statute conveys a clear and definite meaning terranova corp. What statute is an aid in the interpretation of statutes. There should be no additions or substitution of words in the construction of statutes and its interpretation. The rule governs and regulates the meaning of the law in as much as the rule provides that the meaning has to be ascertained from the text of the law itself.
1185 1050 515 1334 199 329 86 1112 7 58 1295 1559 1366 540 1341 408 492 745 612 682 1100 673 1305 807 1475 476 124 1345 574 269 1604 415 523 413