The Literal, Golden and Mischief Rule They're numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to) interpretation. We will consider this in relation to each of the four types, starting with the literal rule. [ 2] Statutory Interpretation Shummi Shah 10.02.2012. Literal rule demands that the words used in a statute must be interpreted according to their literal and plain meaning, especially when they appear to be unambiguous and logically complete. Application of literal rule can highlight to parliament problems with an act - Fisher v Bell - invitation to treat now treated in the same way as offers for sale. The literal rule is when judges have to take the natural, ordinary or dictionary meaning of a word or phrase and apply it to the case in hand. Statutory Interpretation 2 - SlideShare These are listed as the follwoing: Literal, Mischief and Golden rules. At the same time, when the literal interpretation leads to an irrational result unlikely to the ends of the act, the court can deviate from the literal sense. Literal rule is a rule used to interpreting statutes. Listen online or download MP3. Very stuttery and unsure - my apologies! Golden rule - It is a compromise between the plain meaning (or literal) rule and the mischief rule. Advantages and disadvantages of the literal rule. According to Maxwell, "The golden rule is that words of Institute must prima facie be given their ordinary meaning. As every coin has two sides, there are some disadvantages of applying the Literal Rule of Interpretation. The advantages of the actual regulation is that it respects the sovereignty of parliament and prevents unelected Judgess from doing jurisprudence. LITERAL RULE. Advantages And Disadvantages Of The Literal Rule. Professor Holmes: "Words are not crystals". Law making left to those who are elected for law making. An advantage of the literal rule is that it forces judges to carry out . Despite the fact that there are significant disadvantages to this rule there are some advantages, including limiting the function of the judiciary. advantages and disadvantages of sovereignty What are the Disadvantages of Statutory Interpretation ... 3. Judges are the only persons constitutionally empowered to interpret legislation authoritatively. It also means that people understand the laws that are applied to them. Advantages of the literal rule - Flashcards in A Level and ... The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. If a gap was enclosed then 'theremedy lies in an Amending Act' The literal rule also . Advantages_And_Disadvantages_Of_The_Literal_Rule.pdf ... Judges are the only persons constitutionally empower ed to interpr et legislation. Advantages and Disadvantages of 2 rules... - The Student Room [7] Advantages and Disadvantages of the Literal Rule If a spread was enclosed so 'theremedy . PDF Q. Discuss the rules of statutary interpretation with the ... What is the literal rule advantages and disadvantages ... Lastly, it lacks guidelines as there is no criteria that judges need to follow apart from the fact it avoids an absurd result. The main disadvantage is that it creates a crime after the event has taken place, which can be seen in the Smith v Hughes (1960) case. Viscount Simmonds argued that it was not open to judges to fill in gaps, as Lord Denning wanted, or otherwise alter statutes. Advantages of the literal rule. Quizlet flashcards, activities and games help you improve your grades. The advantages of the Literal rule are that it promotes the purpose of the law as legislation is interpreted "exactly" as it is written. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. In the case R v city of London Court Judge . In literal rule, the words in a statute are given its plain, ordinary, and literal meaning. The Literal, Golden and Mischief Rule They're numerous advantages and disadvantages regarding the practicality of the three individual rules of (or approaches to) interpretation. first advantage. T 1 Literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. Literal Rule, Golden Rule Advantages of the literal rule It respects parliamentary sovereignty, giving the courts a restricted role and leaving law-making to those elected for the job. It enables a man to understand the statute. SWOT for Advantages And Disadvantages Of The Literal Rule is a powerful . MERITS The advantages while using literal rule of interpretation. Exactly as written, see "making an attack" in the PH. The literal rule has both advantages and disadvantages. 2) It usually avoids unjust or absurd results in sentencing. The advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law. Customary law is literal construction vary depending upon which flagged up both recognise that, and disadvantages and so, this rule cannot intelligibly be applied. The golden rule can be put forward as a compromise between the literal rule and the mischief rule. Viscount Simmonds argued that it was not open to judges to fill in gaps, as Lord Denning wanted, or otherwise alter statutes. Advantages of the Literal Rule The Literal Rule creates certainty. 2. Uncategorized; Liberty, Texas Homes For Sale, Brown University Academic Calendar Summer 2021, Pine Hills Country Club Georgia, Do Congressmen Live In Their Districts, How Many Days Till June 19 2021, Tennis Racquet Comparison, Opposite Of Literal Interpretation, Prepared Microscope Slides Bacteria, Palm Springs Country Clubs, Revenge Of The Witch Summary, 1. [ 1] As it is their function to interpret legislation, they will also establish legal rules when interpreting statutes in cases heard before them. [ 2] Therefore the House ignored the word "unlawful" and gave Sec 1 of the Act an interpretation applying the mischief rule. This rule assumes that words used in law have a fixed meaning. The golden rules departs from its strictly literal rules, it is elaboration or extension of literal rule. Judges should give words their literal meaning and their job is not to make the law but to "apply" it. The Plain Meaning Rule is another name for this rule. Audio podcast on advantages & disadvantages of the literal rule and Statutory Interpretation. Judges are able to add or change the meaning of statutes and thereby become law makers infringing the . By the Literal rule words in the statute must be given their plain and literal meaning. Advantages: Using the literal rule will make the law more certain as the law will be interpreted exactly as it is written every time that it is used. [ 2] Formerly, the dominant approach to statutory. Disadvantages. 969 Words4 Pages. Advantages The so-called literal rule was defined by Lord Tindal as, 'the words themselves alone do…best declare the intention of the lawgiver'. The literal rule has both advantages and disadvantages. An advantage of the literal rule is that it forces judges to carry out Parliaments intention. Furthermore, constitutionally. Judges are bound by the literal meaning of the words and cannot use their judicial minds to deviate from it. The primary advantage of the literal rule is that it follows what Parliament stated in the statute. A feature of the rule of law is that the law should be both certain and knowable. One of the disadvantages of popular sovereignty is that the majority is not always right. So, what are the advantages of statutory interpretation? Inherently subjective. Advantages and Disadvantages of Mischief Rule Advantages: 1) The Law Commission sees it as a far more satisfactory way of interpreting acts as opposed to the Golden or Literal rules. Advantages and disadvantages o The advantages of the literal rule is that it respects the sovereignty of parliament and prevents unelected judges from making law. [5] A feature of the rule of law is that the law should be both certain and knowable. 12. It also encourages precision in drafting and ensures that anyone who can read English can determine the law, which promotes certainty and reduces What are the advantages and disadvantages of the mischief rule? Contemporanea Expositio Est Optima Et Fortissima in Lege, In this rule, the literal meaning of the words is considered. Evaluation. However, when this may lead to an irrational result that AcroPDF - A Quality PDF Writer and PDF Converter to create PDF. Furthermore, what does the literal rule mean? Discuss the advantages and disadvantages of the operation of the literal rule . Literal Rule. Advantages and Disadvantages of the Literal Rule. This rule gives all words their ordinary meaning and must be followed even if the result is absurd. Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. 1 of 11. Prev post Next post > Related essay. It is subset of intention rule and delves into the .
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