Rules of Statutory Interpretation

Описание: Rules of Statutory Interpretation Answer Structure (Legal System and Method)

The video mentions a general structure of rules of interpretation.

Statutory interpretation refers to the process of understanding and applying legislation or statutes enacted by a legislative body, such as a parliament or congress. When statutes are written, they can sometimes be ambiguous or unclear, which can create the need for interpretation by judges or legal professionals.

The goal of statutory interpretation is to determine the meaning and intent behind a statute in order to apply it correctly to a specific case or situation. There are several approaches or methods used in statutory interpretation, including:

Literal Rule: This approach focuses on giving the words in the statute their ordinary and literal meaning, even if it leads to an absurd or unjust result.

Golden Rule: Under the golden rule, the court may depart from the literal meaning of the words if it leads to an absurd result. Instead, the court may choose an alternative interpretation that avoids the absurdity.

Mischief Rule: The mischief rule involves looking at the gap or "mischief" that the statute was intended to address and interpreting it accordingly. This approach allows the court to look beyond the literal meaning of the words to determine the purpose and intention of the statute.

Purposive Approach: The purposive approach involves interpreting the statute in light of its overall purpose and policy objectives. This approach focuses on determining the intention of the legislature and giving effect to the underlying purpose of the law.

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