How do you interpret a statute?

Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.

Why is statutory interpretation important for lawyers?

Finding the relevant law obliges contemporary lawyers to examine and define the critical words in those texts by reference to the language and context of the statutory provisions. So far as they can, judges now endeavour to interpret the enacted law so as to achieve its objects.

Why do courts interpret statutes?

When the judge says that the goal of statutory interpretation is to ascertain what the legislature intended, the judge is acknowledging her constitutional relationship with the legislature. So far as a judge is concerned, the concept of legislative intent provides the correct constitutional orientation.

Why do judges interpret statutes?

This helps in ascertaining the true meaning of the words used in a statute. The main objective of the interpretation of statutes is to determine the intention of the legislature where the meanings of the words are expressly or impliedly mentioned.

How does statutory interpretation affect law making?

The literal rule takes precedence over the others and states that the words in the statute must be interpreted to mean exactly what they say, however absurd or unfair the conclusion. To avoid allegations of law making, Judges often stick to this rule and take the literal meaning of the statute.

How do courts apply and interpret the law?

Judge-made law When using common law judges decide cases along the lines of earlier decisions made in similar cases (‘precedents’). Judges are also required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.

What is golden rule in interpretation of statutes?

Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.

Why do statutes need interpreting?

Statutory interpretation is important so that they are unable to make their own judgement in cases. If they stumble upon any problem they cannot change the law therefore they cannot interrupt the flow of justice. In allows Parliament to be the law making body and court will then apply the law.

Which of the following is generally the first step in interpreting a statute?

Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. To discover a statute’s original intent, courts first look to the words of the statute and apply their usual and ordinary meanings.

How does the judiciary interpret law?

The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.

What are four ways that judges interpret the law?

Types of interpretation

• Textualism.
• Originalism.
• Strict constructionism.
• Functionalism.

What is the best way to interpret law?

So, in order to interpret law, one must rely on a school of thought: a metaphysics of law and method of interpretation. It is these philosophies which shall guide us in our legal interpretation, to the point where we genuinely can favour a linguistic interpretation of a political interpretation.

What are the 4 rules of statutory interpretation?

THE RULES OF STATUTORY INTERPRETATION There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischiefrule and the purposive approach. … The literal rulerequires courts to interpret statutes in their plain, literal and ordinary sense. The courts will not examine the intention of Parliament.

What is legal interpretation in linguistics?

Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped by preexisting legal rules. These rules tell us what legal materials to read and how to read them. Like other parts of the law, what we call “the law of interpretation” has a claim to guide the actions of judges, officials,

How do you interpret a reference to a statute?

Pay attention to whether the reference to the statute is general or specific. General references typically should be interpreted to include any later amendments to the statute, while specific references refer only to the particular section or clause indicated. 3. Read each provision with reference to the whole.