Legal Method - Rules of Construction

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  • Created by: Alasdair
  • Created on: 30-10-20 23:49
Rules of Construction
Term used to distinguish 'rules' (or more like general principles) of statutory interpretation from any other rules and aids.
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The meaning of the Literal Rule
Words must be given their plain, ordinary and literal meaning. If words are clear, they must be applied, even though intention of legislator may have been different, or result is harsh or undesirable. Oldest of rules.
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Advantage of the Literal Rule. Popularity.
Judges are not supposed to make law and interpretations can result in this. Judges sometimes favour literal rule as it avoids this.
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Problems with Literal Rule (i). Irony.
Irony of rule is this its very use may defeat intention of Parliament and lead to absurd results.
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Problems with Literal Rule (ii). Injustice.
Can also lead to injustice.
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Problems with Literal Rule (iii). Interpretation.
Decisions surely cannot been intention of Parliament. Doesn't take into account consequences of a literal interpretation, nly whether words have a clear meaning which makes sense in that context.
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Meaning of the Golden Rule
Adaptation of literal rule. Provides that where there are two meanings to a word or words, they should be given their ordinary meaning as far as possible, but only to extent they don't produce absurd or totally obnoxious result.
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Use of the Golden Rule in narrow sense.
Golden Rule applied most frequently in narrow sense where there is some ambiguity or absurdity in words themselves. If word is capable of more than one meaning, you can choose between those meanings: but can't go beyond that.
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Use of the Golden Rule in wider sense.
To avoid result which is obnoxious to principles of public policy, even where words have only one meaning.
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The Mischief Rule
Requires interpreter of statute to ascertain legislator's intention.
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Other cards in this set

Card 2

Front

The meaning of the Literal Rule

Back

Words must be given their plain, ordinary and literal meaning. If words are clear, they must be applied, even though intention of legislator may have been different, or result is harsh or undesirable. Oldest of rules.

Card 3

Front

Advantage of the Literal Rule. Popularity.

Back

Preview of the front of card 3

Card 4

Front

Problems with Literal Rule (i). Irony.

Back

Preview of the front of card 4

Card 5

Front

Problems with Literal Rule (ii). Injustice.

Back

Preview of the front of card 5
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