Law Student The Literal Rule Blogger. The Shifting Sands of Statutory Interpretation Sir John Dyson.
The Supreme Court held that literal interpretation is the rule and only if language of an enactment is ambiguous recourse to other rule can be taken.11 The Courts cannot add words to a statute or read the words into which are not there.. This general principle is most certainly strictly applied when the court takes the literal approach to statutory interpretation. When the court takes either the golden rule or mischief approach to interpretation, the court is either saying that it is not possible to arrive at a literal interpretation of the Act, or the court is bending the general rule by attempting to ascertain and apply the.
The court applied the literal rule of statutory interpretation. Back to lecture outline on offer and acceptance in Contract Law Back to lecture outline on the literal rule of statutory interpretation. Common Law Statutes and Judicial Legislation: Statutory Interpretation as a Common Law Process 3 You frequently ﬁ nd an Act of Parliament perfectly clear on the face of it,.
“THE BASIC PRINCIPLES OF BIBLE INTERPRETATION Joel James”.
An advantage of the literal rule is that it forces judges to carry out Parliaments intention. This is important as it stops unelected/appointed judges from making law, which would be contrary to the doctrine of the separation of powers. After all, their function is to apply, not make. It can also provide certainty in law, when it can be otherwise ambiguous. This allows lawyers to predict the.
1 The Shifting Sands of Statutory Interpretation Sir John Dyson Many months ago, I was asked by Lord Rodger to give this address. There were three. legislature is the primary rule of interpretation, it must be accepted that the literal interpretation principle is firmly entrenched in our law and I do not seek to challenge it.. Literal rule is a rule used to interpreting statutes. This rule explains what the law is rather than explaining what the law means. When interpreting a statute, the courts generally applies the literal rule first before applying any other rules of interpretation..