How Do You Interpret A Statute?

What is the meaning of a statute?

1 : a law enacted by the legislative branch of a government.

2 : an act of a corporation or of its founder intended as a permanent rule..

What are the principles of interpretation?

The correct interpretation is one that best harmonizes the words with the object of the statute. A right construction of the Act can only be attained if its whole scope and object together with an analysis of its wording and the circumstances in which it is enacted are taken into consideration.

What are the basic principles of interpretation of statutes?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be …

What does Felonius mean?

1 archaic : very evil : villainous. 2 : of, relating to, or having the nature of a felony felonious assault.

What is the mischief rule of interpretation?

This third rule gives a judge more discretion than either the literal or the golden rule. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover.

What do people mean when they say judges make law when they interpret a statute?

They have a measure of discretion and creative power in the manner in which they interpret legislation. … Like any other form of communication, legislation can include words that have more than one meaning, or words whose meaning changes depending on its context.

What does it mean to read down legislation?

The process of applying the presumption of valid meaning, and the outcome of that process, is often described as ‘reading down’ a statute. … If the application of those principles results in the provision having a ‘broader’ meaning than the ordinary meaning of the statutory text, that cannot be an objection in itself.

What do you mean by interpretation of statute?

Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. When the language of the statute is clear, there is no need for the rules of interpretation. But, in certain cases, more than one meaning may be derived from the same word or sentence.

What are some of the common problems encountered when interpreting legislation?

Common interpretation problems may include:ambiguous words.broad phrases.need for words to be implied.printing and drafting errors.unforeseen developments, such as changes in technology or practice.

What are the three rules of interpretation?

There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach. Each rule will be looked at individually with case examples.

What is the main objective of the Court when it interprets a statute?

In the context of interpreting statutes, there is a third common law constraint: namely, that the common law states that the only goal of the judge’s interpretive role is to ascertain the legislative intent.

What is an example of a statute?

A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law. This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.

Why does a statute require interpretation?

A statute is not to be read as one would another document. Rather, a statute is read according to its own rules. … 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.

What is Heydon’s rule?

The mischief rule was established in Heydon’s Case. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court’s role is to suppress the mischief the Act is aimed at and advance the remedy.

What is the golden rule of interpretation?

It is the modification of the literal rule of interpretation. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. … In view of the same, the grammatical meaning of such words is usually modified.

How is a statute created?

When creating a statutory law, a legislative body first proposes a bill. The bill is then voted on by the entire legislative body. If it does not pass, it can be amended and then voted on again. If it passes, it is sent on to the executive branch of the government.

Which rule of interpretation is best?

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.