The paper is a critique of the golden rule of interpretation along with relevant case laws. INTRODUCTION. Interpretation is the method by which the true sense or the meaning of the word is understood. The meaning of an ordinary word of the English language is not a question of law. The proper construction of a statute is a question of law. The purpose of the …
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Price: Free download; Published: 21 February 2022* File format: Text; Words: 1,073 (approx) Number of pages: 5 (approx) Tags: Statutory interpretation essays; Text preview of this essay: This page of the essay has 1,073 words. Download the full version above. As Parliament is the one that makes the law, the role of judges is to interpret Parliament’s words, while …
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Price: Free download; Published: 10 June 2021* File format: Text; Words: 2,783 (approx) Number of pages: 12 (approx) Tags: Statutory interpretation essays; Text preview of this essay: This page of the essay has 2,783 words. Download the full version above. Statutory interpretation is the generic method which is employed by judges whilst concluding a case …
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this is a summary of the golden rule interpretation of the law mm mw: 0404!)? wm fawn mw cohua 0m km w17! 69 wig, at ge wgwfifi, flu, lu. kw? 61.7.5 bhoojlam
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its a mandatory assignment given in law field. it contains all particulars and can be given as it is. qwertyuiopasdfghjklzxcvbnmqw
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In his well-known book on Latin legal maxims first published in 1845, Herbert Broom considered utile per inutile non vitiatur to be a fundamental legal principle. He proposed this translation: He
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The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public policy.The rule can be applied in two different
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The golden rule allows permissible interpretation of the literal meaning of the term, in view of other aspects of the statute such as its preamble, article titles, and punctuation. Nevertheless, the question of what degree of the absurdity needed for judge to refuse to use the literal rule and to apply golden rule remains open. This question is resolved on the basis of …
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So, The Golden Rule is a modification of The Literal Rule to be used to avoid an absurd outcome. The Golden Rule was used in the R v Allen case (1872). In this the defendant was charged with bigamy (s.57 of offences against the person act 1861) which, under statutes states: ‘whosoever being married shall marry any other person during the lifetime of the former …
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It is a helping Rule of Law to understand the Legal maxims and their essence. The rule is the exception to the Golden principle The Maxim has two parts RULE COUNTER RULE IF the language of a statute UNLESS a literal is plain and unambiguous it interpretation would lead to must be given effect absurd or mischievous consequences or disturb the manifest purpose No …
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Golden Rule of Interpretation of Statute is a modification of the Literal Rule wherein the court take a look into the literal meaning of the statute in the first instance and if such an interpretation would create irregularity or ambiguity the court shall modify the literal grammatical meaning of the provision to the extent of such irregularity. If in any case there are two possible
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The Golden Rule. [email protected] The following principle enjoys widespread (though not universal) assent. it cannot be right for [person] A to treat [person] B …
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all the best the golden rule interpretation to statute is the method of defining and applying law. there is often need for certain amount of clarification when
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The different ways in which the courts interpret law statutory interpretation statute law is the primary and supreme law parliament has an absolute right to
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Golden Rule of law
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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. The paper is a critique of the golden rule of interpretation along with relevant case laws.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts.
Paragraph 1: Focuses on the rule of literal interpretation. It provides the definition of the rule and the example from the case law: Paragraph 2: Explains the rule of literal interpretation and how it should be addressed. Paragraph 2: Passage explains the Golden Rule and when this rule can be used to interpret the statutes.
Under The Literal Rule, Adler was not in the VICINITY of the area – he was IN the area – and so was not infringing the terms of the act. The Golden Rule was applied to extend the meaning of ‘vicinity’ and avoid the possible absurd outcome.