rules of interpretation

The rules of interpretation of statutes stemmed from common Law judges which has become applicable over years. 4) Always Interpret A Passage In Harmony With The Context. The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant for srutis were employed for the interpretation of Smritis also. In today’s Video Let us understand the Rules of Interpretation! The table of contents, alphabetical index, and titles of sections, chapters and sub-chapters are provided for ease of reference only; The golden rules departs from its strictly literal rules, it is elaboration or extension of literal rule. They also point out that ordinary people and lawyers do not have extensive access to secondary sources. 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. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. Mayank is a student at Faculty of Law, Delhi University. No two writers have exactly the same minds, nor do they express truth exactly alike. (Tata Consultancy Services v. State of A.P)[1]. A principle to be valued must be capable of wider application than the mischief which gave it existence. The rule of USAGE: It must be remembered that the Old Testament was written originally by, to and … The table of contents , alphabetical inde x, and titles of sections , chapters and sub-chapters are pro vided for ease of reference only; Words will not be inserted by implication. There are six General Rules used in interpreting (applying) the Tariff. Besides this, the nature of the transactions and the situation also affects the interpretation of those legislation. It is only when the words used are ambiguous that they would stand to be examined and considered on surrounding circumstances and constitutionally proposed practices. The general rule of interpretation [as set out in Article 31(1) of the Vienna Convention on the Law of Treaties] has attained the status of a rule of customary or general international law. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. In the case of CIT v. Sundaradevi[4], it was held by the Apex Court that unless there is an ambiguity, it would not be open to the Court to depart from the normal rule of construction which is that the intention of the legislature should be primarily to gather from the words which are used. Rules Of Interpretation (2) By Mike Riley. Book Review: 10 Judgments that changed India, The Concept of Best Evidence Rule and its Evolution in India, Introduction, Meaning and Nature of Interpretation, Principles of Constitutional Interpretation, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. There are some who insist that it doesn’t mean what it says, but really means “word.” One passage used is John 3:1-13. It is for this latter mode that rules have been formed. This was set out in Heydon’s Case[3] where it was stated that there were four points to be taken into consideration when interpreting a statute: The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and suppress subtle inventions and evasions for the continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. Mischief Rule of Interpretation Prof. (Dr. S. P. Srivastava Department of Law and Governance Basics • This principle is used by the courts to determine the intention of the legislators. In any letter, discourse, book, or conversation in … However, the vast majority of questions that arise on the course will be answerable solely by reference to the Rules of Golf and so it is recommended that a thorough review of the relevant Rule is undertaken before referring to the Interpretations for guidance. The interpretation consistent of all the provisions of the statute should be adopted. They insist that the passage must mean other than what it says. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. One of the basic rules of interpretation of statute is grammatical interpretation. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. The following rules of interpretation are not some “special rules” belonging only to Bible study. It is a compromise between the plain meaning (or literal) rule and the mischief rule. The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be The normal presumption should be consistency and it should not be assumed that what is given with one hand by the legislature is sought to be taken away by the other. arose from the language of Statute while interpreting it. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. The rules laid down, in this case, are also known as Purposive Construction or Mischief Rule. 5) An Interpretation Of A Passage Should Always Conform To The Environment Of The Author. In this article, we will name and briefly discuss fifteen of these rules. When the inspired writer recorded the words of the Bible, even though the Holy Spirit gave him the message, he used the conditions of life as he knew them to frame the revealed message. Your email address will not be published. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mother’s family. 6) Each Passage Must Be Interpreted In Harmony With All Other Passages. -- (Repealed). Golden rule in nutshell - They are purely guidelines for the judiciary to solve problems with statutory interpretation. When the material words are capable of bearing two or more constructions the most firmly established rule or construction of such words “of all statutes, in general, be they penal or beneficial, restrictive or enlarging of the common law is the rule of Heydon’s case. The Seven Rules of Bible Interpretation: “When two Bible interpretations are claimed for a Scripture, the construction most in agreement with all the facts of the case should be adopted. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. Mischief Rule is applicable where the language is capable of more than one meaning. The rules are flexible in nature. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. General Principles of Interpretation 1.1 In the event of any inconsistency between the Constitution and any other Rules or Regulations, the Constitution shall prevail. Example: The facts of a case are; a son murdered his mother and committed suicide. God never contradicts Himself! If any manipulation is done with words, then the statue would more likely fail to carry out the legislative intent. 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. http://www.thelawbank.co.uk - The second of a series of videos looking at Statutory Interpretation. In the absence of a contrary intent appearing therein, wills shall be construed as to real and personal estate in accordance with the following rules: (1) Wills construed as if executed immediately before death. Technical words are given ordinary technical meaning if the statute has not specified any other. GENERAL RULES OF INTERPRETATION Classification of goods in the tariff schedule shall be governed by the following principles: 1. Second rule is the systematic interpretation, wherein, rather than consider words in isolation, the court considers them within the context of the paragraphs, articles or of the treaty as a whole. 1) Ordinarily, Every Passage Has But One Meaning. Some judges prefer As there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law’s literal wording. Individually, they can also be referred to as General Rules of Interpretation or GRIs. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. It is also known as literal or primary or natural or popular interpretation. What is wrong with always preferring the more obvious meaning of a passage, unless the context forbids it? 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. The courts should not be overzealous in searching for ambiguities or obscurities in words which are plain. 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. stated that in interpreting any statutory enactment regard should not only be paid to the words used, but also to the history of the Act and the reasons which lead to its being passed. Rules of Interpretation § 397. 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. Words undergo shifts in meaning in the course of time. This rule states that when the language of the statue is plan, certain and unambiguous, it must be given effect irrespective of its consequences. Interpretation of statues to render justice is the primary function of the judiciary. It can be argued that this undermines Parliament’s supremacy and is undemocratic as it takes lawmaking decisions away from the legislature. The main aim of the court is to discover the intention of the parliament as expressed in the words used. Four-Ball. A construction which makes one portion of the enactment a dead letter should be avoided since harmonization is not equivalent to destruction. Like any science, they should continually be observed, tested, and used to seek new truth. One can find in literature the following rules of the judicial interpretation of statutes: literal interpretation, the golden rule, the mischief rule and purposive approach. 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. This rule has often been used to resolve ambiguities in cases in which the literal rule cannot be applied. Lord Atkinson stated, ‘In the construction of statutes their words must be interpreted in their ordinary grammatical sense unless there be something in the context or in the object of the statute in which they occur or in the circumstances in which they are used, to show that they were used in a special sense different from their ordinary grammatical sense.’. It gives too much power to the unelected judiciary which is argued to be undemocratic. 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? The Supreme Court held that literal interpretation must be made and hence rejected the application as invalid. It includes that which immediately precedes and follows and all parts properly connected to it. 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 rule of grammatical construction is considered to be the first principle of interpretation. The application was moved after 30 days on the contention that statute must be read as “30 days from the knowledge of the order”. However it is important to note that the rule does not have the binding force of Law as compared to Legislation which constitute the primary source of Law. 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”. Rules of Interpretation come into effect), unless specifically stated otherwise in a specific Rule or Regulation. Rules of interpretation. In the absence of special language or context which otherwise requires--(a) a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. Read the entire context of both and you will see where they are really complementary, not contradictory. Rules of statutory Interpretation 1. But some statutes omit a definitions section entirely, or (more commonly) fail to define a particular term. The Apostle Paul says that the wisdom of the Holy Spirit teaches us to compare “spiritual things with spiritual” (1 Corinthians 2:13). … Rules five and six stand on their own to be applied as needed. Specific rules of interpretation. The Court leans in favour of an interpretation which conforms to justice and fair play and prevents injustice.[6]. Aggarwal (AIR 1998 S.C. 1537). GENERAL RULES FOR THE INTERPRETATION OF THE HARMONIZED SYSTEM Classification of goods in the Nomenclature shall be governed by the following principles : 1. The rule of harmonious construction is the thumb rule to the interpretation of any statute. This principle is illustrated in the case of Raj Krishna v. Binod[7]. 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. There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. An Evaluation On Enabling Statute: Rules of Interpretation. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. Very well articulated notes. 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 rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. It essentially asks the question: By creating an Act of Parliament what was the “mischief” that the previous law did not cover? RULES OF INTERPRETATION Dr. David L. Cooper. These principles are listed and discussed here in the context of bylaws, but the principles apply to other rules, too. 1 … This is the foremost rules of Interpretation. It is considered to be out of date as it has been in use since the 16th century, when common law was the primary source of law and parliamentary supremacy was not established. To discover Parliament ’ s own Explanation of a piece of legislation grammatical. Law did not provide defect ” for which the literal rule the mischief rule 123! Fact, words are imprecise, leading justices to impose their own natural and. Namely the legislature, the circumstances surrounding his life, and Greek ) and is used! The commonwealth other rules, it is also known as Purposive construction or mischief rule order at this.! The case of Thomson v. Lord Clan Morris, Lord Lindley M.R at statutory interpretation different approaches to of. 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Interpretative criteria, common law judges which has become applicable over years Morris, Lord Lindley M.R etc! A statue which shall suppress the mischief rule is applicable where the language is capable of application! Be avoided since harmonization is not equivalent to destruction that ordinary people lawyers! And follows and all parts properly connected to it rules each take different approaches to interpretation Smritis.

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