The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning.
What is mischief rule in law? 3.3 The mischief rule. This 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 legislation was passed in order to discover what gap or mischief the legislation was intended to cover.
Similarly, Can judges overrule legislation? It has often been suggested that judges are somehow able to ‘overrule’ legislation, for example if, exercising the power given to them by the Human Rights Act 1998, they declare that a particular law is incompatible with the rights and freedoms guaranteed under the European Convention on Human Rights.
What is the ratio decidendi of a case?
The ratio decidendi is the principle of law on the basis of which a case has been decided. From the Latin, “reason for the decision”.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.
What is the ratio law?
Ratio decidendi is Latin for ‘the reason for deciding. ‘ This ‘reason’ is not 1) the facts of the case, 2) the law that the case applies, or 3), the orders of the case. Instead, it’s the ‘necessary step’ that the judge needed to resolve the case.
What is golden rule approach? 6.3 The golden rule. This rule is a modification of the literal rule. It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.
What is the object of golden rule? 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.
Can the Supreme Court overrule the government?
Once any law has been declared by the Supreme Court, the same cannot be set at naught by the legislature, by enacting an amendment which would nullify the effects of the judgment of the Court.
Can a judge be removed from the Supreme Court? The Constitution states that Justices « shall hold their Offices during good Behaviour. » This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Is Supreme Court more powerful than Parliament?
In India, the constitutional supremacy was explicitly reiterated in the Minerva Mills case whereby the Supreme Court held that “government, legislature, executive and judiciary is all bound by the Constitution, and nobody, is above or beyond the Constitution.” Every law made by the parliament is subject to …
What is Proposition law? The decision of a controversy by a tribunal displays a proposition-of law: it is the law that one party should (or should not) be subject to a sanction in favor of the other party on the facts involved here.
What is precedent in law?
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
What does obiter dicta mean in law?
Also known as obiter dictum. It refers to a judge’s comments or observations, in passing, on a matter arising in a case before him which does not require a decision. Obiter remarks are not essential to a decision and do not create binding precedent.
Who interprets the law? The U.S. Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law).
What interpretation means?
Interpretation is the act of explaining, reframing, or otherwise showing your own understanding of something. A person who translates one language into another is called an interpreter because they are explaining what a person is saying to someone who doesn’t understand.
Why is statutory interpretation used?
The aim of statutory interpretation is to arrive at the legal meaning of legislation, or in other words, the meaning that conveys the legislative intention. The primary indication of legislative intention is the legislative text, read in context and having regard to its purpose.
What is precedent ratio? The ratio decidendi establishes a precedent, which is the legal principle (law) used by the judge or judges in deciding the legal problem raised by the facts of the case. This legal principle, which is an abstraction from the facts of the case, is known as the ratio decidendi of the case (see Box 3).
What is meant by equity in English law?
A legal definition from the Oxford dictionary describes equity as ‘a branch of law that developed alongside common law and is concerned with fairness and justice, formerly administered in special courts‘.
What is cardinal rule of interpretation? The Primary Rule: Literal Interpretation. In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule.
What is Noscitur a Sociis?
Legal Definition of noscitur a sociis
: a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.
What’s the platinum rule? A better mindset for us all to adopt – very consciously and intentionally – is the Platinum Rule. The Platinum Rule was popularized in Dr. Tony Alessandra’s book of the same name. The Platinum Rule goes this way: “Treat others the way they want to be treated.”