4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. 4) Always Interpret A Passage In Harmony With The Context. http://www.thelawbank.co.uk - The second of a series of videos looking at Statutory Interpretation. Keywords: interpretative criteria, common law, statutory rule, legal policy, presumption, linguistic canon. Rules Of Interpretation (2) By Mike Riley. Read the entire context of both and you will see where they are really complementary, not contradictory. The desire then must be to seek harmony and consistency. The table of contents , alphabetical inde x, and titles of sections , chapters and sub-chapters are pro vided for ease of reference only; 6) Each Passage Must Be Interpreted In Harmony With All Other Passages. Interpretation of a particular statute depend… The meaning of an ordinary word of the English language is not a question of law. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such a way so that effect is given to both the provisions as much as possible. Rules of Language • Rules of language have developed to help in the interpretation of statutes. When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. No two writers have exactly the same minds, nor do they express truth exactly alike. I.3.1 General rules of treaty interpretation — Articles 31 and 32 of the Vienna Convention back to top. In probate law, the rule is also favoured because the testator is typically not around to indicate what interpretation of a will is appropriate. It should always be remembered that words acquire significance from their context. GENERAL RULES FOR THE INTERPRETATION OF THE HARMONIZED SYSTEM Classification of goods in the Nomenclature shall be governed by the following principles : 1. (1100 Words) This was set out in Heydon’s Case[3] where it was stated that there were four points to be taken into consideration when interpreting a statute: The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and suppress subtle inventions and evasions for the continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. An Evaluation On Enabling Statute: Rules of Interpretation. Editor's note - In many places in the Scriptures, the believer is encouraged to study the written Word as the foundation for a holy, godly and fruitful life before God and man. 40(2) P.D. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. Some judges prefer For determination of the meaning of any word or phrase in a statute, the first question is what is the natural and ordinary meaning of that word or phrase in its context in the statute but when that natural or ordinary meaning indicates such result which cannot be opposed to having been the intention of the legislature, then to look for other meaning of the word or phrase which may then convey the true intention of the legislature. 5) An Interpretation Of A Passage Should Always Conform To The Environment Of The Author. Rules five and six stand on their own to be applied as needed. If God is speaking to man in his own language, directing it to his own powers of thinking, and involving his own normal experiences on earth, does it not seem reasonable that we should just look for the most natural interpretation of a text, unless otherwise indicated? (Divorce & Remarriage, Minneapolis: Bethany House, 1967) Here are the eight rules: Example: The facts of a case are; a son murdered his mother and committed suicide. To avoid ambiguity, legislatures often include “definitions” sections within a statute, which explicitly define the most important terms used in that statute. Learn how your comment data is processed. However, in Acts 2:27 the apostle Peter reveals that David spoke of the resurrection of Christ. In the light of the authors’ purposes, they support one another, 7) One Passage Will Often Explain Another Passage. Your email address will not be published. An application could be moved within 30 days of receipt of the order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939. He drew upon the customs of his day, the circumstances surrounding his life, and the nature of his own personality. The terms contained in the norm should be understood in their ordinary meaning and in context.Special meaning can be It essentially asks the question: By creating an Act of Parliament what was the “mischief” that the previous law did not cover? The rule of grammatical construction is considered to be the first principle of interpretation. The Bible was written in the common languages of man (Hebrew, Aramaic, and Greek) and is filled with expressive idioms. Golden Rule of Interpretation Prof. S. P. Srivastava Department of Law and Governance Central University of South Bihar Gaya Basics • Sometimes, it appears to the court that to apply the words literally may defeat the obvious intention of the legislation and produce a wholly unreasonable result. God’s Word is “truth” (John 17:17), and any one portion of it must coincide with everything else He says. General Rules of Interpretation/General Interpretative Rules of Classification : Rule 1 Customs authorities in most parts of the world require traders to classify their imports and exports according to the 6 rules of classification published by the World Customs Organization or WCO. The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. Thus, David prophesied truth of the coming Messiah through the same words that held personal significance for his own day. The Supreme Court in Bengal Immunity Co. v. State of Bihar[5], applied the mischief rule in the construction of Article 286 of the Constitution of India. The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. But, in certain cases, more than one meaning may be … Mischief Rule is applicable where the language is capable of more than one meaning. The principle of literal construction is applied, where the wording of a statute is absolute… The second use of the golden rule is in a wider sense, to avoid a result that is obnoxious to principles of public policy, even where words have only one meaning. Opponents of the plain meaning rule claim that the rule rests on the erroneous assumption that words have a fixed meaning. The Rules for this form of play are essentially the same as for individual play, except for requiring the partners to alternate in teeing off to start a hole and to play out each hole with alternate shots. Rules of Interpretation. The Supreme Court held that literal interpretation must be made and hence rejected the application as invalid. 1. A literal construction would not be denied only because the consequences to comply with the same may lead to a penalty. Zander contends that: “The main principles of statutory interpretation-the literal rule, the golden rule and the mischief rule-are all called rules, but this is plainly a misnomer (A misnomer is a term that suggests an interpretation known to be untrue). This course teaches you seven (7) advanced Bible study techniques in the form of the 7 Rules of Bible Interpretation EVERY Christian Should Know. Interpretations are provided only for aspects of the Rules that are considered to require additional clarification. It is such a rule which disposes of ambiguity’, inconsistency, unclarity, hardship, inconvenience, injustice, etc. Therefore, when there seems to be a contradiction between the meanings of passages, one or more of the interpretations must be incorrect. In today’s Video Let us understand the Rules of Interpretation! learn the rules, and rightly apply them, and you can disregard what Jerome, the learned Latin father of the Middle Ages, said: "What fools these people be' Everybody thinks he can interpret the Bible." For example, there are several passages in the New Testament referring to “water” as it relates to a Christian’s conversion and life. GENERAL RULES OF INTERPRETATION Classification of goods in the tariff schedule shall be governed by the following principles: 1. A construction which makes one portion of the enactment a dead letter should be avoided since harmonization is not equivalent to destruction. Originating from a 16th-century case (Heydon’s case) in the United Kingdom, its main aim is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. So, learn the rules, and rightly apply them…." It gives too much power to the unelected judiciary which is argued to be undemocratic. In Municipal board v. State transport authority, Rajasthan, the location of a bus stand was changed by the Regional Transport Authority. Second rule is the systematic interpretation, wherein, rather than consider words in isolation, the court considers them within the context of the paragraphs, articles or of the treaty as a whole. Words will not be inserted by implication. That’s why the books of the Bible have different styles of writing and use various expressions and examples, all the while revealing only what the Lord intended. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent. In general, the authentic interpretation of a law may be made by the legislator or his successor or superior, but when this is not the case recourse must be had to what is called magisterial, or doctrinal, interpretation. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate in any other manner. The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. A principle to be valued must be capable of wider application than the mischief which gave it existence. In the case of Pritipal Singh v. Union of India[2], it was held that there is a presumption that the words are used in an Act of Parliament correctly and exactly and not loosely and inexactly. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. See alsoF.A.R. However, since little else is offered as an alternative discretion-confining theory, plain meaning survives. They insist that the passage must mean other than what it says. The Apostle Paul says that the wisdom of the Holy Spirit teaches us to compare “spiritual things with spiritual” (1 Corinthians 2:13). Aggarwal (AIR 1998 S.C. 1537). Why? Lord Atkinson stated, ‘In the construction of statutes their words must be interpreted in their ordinary grammatical sense unless there be something in the context or in the object of the statute in which they occur or in the circumstances in which they are used, to show that they were used in a special sense different from their ordinary grammatical sense.’. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. Many times another passage will shed light on the obscure passage and bring forth a sudden revelation of understanding. Object of interpretation . Take the word “perfect”. This is the oldest of the rules of construction and is still used today, primarily because judges may not legislate. There should be no additions or substitution of words in the construction of statutes and in its interpretation. According to Maxwell—-“The best rule of interpretation of Statute is—the words used in statutes should be interpreted as it is and their simple and natural meaning should be adhered to.This is called the literal or grammatical interpretation of statutes. Rules of Interpretation come into effect), unless specifically stated otherwise in a specific Rule or Regulation. It is also known as literal or primary or natural or popular interpretation. (1.1) Construction that will passes all property. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. Let us identify, learn, and use these rules. This rule states that the effect must be given to the statue even though it be absurd or results in starling consequences.The words of a statute must prima facie be give… In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. The paper is a critique of the golden rule of interpretation along with relevant case laws. Arizona Rules of Contract Interpretation This article discusses the “primary rules” of interpretation, the “secondary rules” that courts apply when the primary rules do not resolve a dispute, and the application of the parol evidence rule in Arizona. If the words are clear, they must be applied, even though the intention of the legislator may have been different or the result is harsh or undesirable. Elaborate rules of interpretation were evolved even at a very early stage of Hindu civilization and culture. It usually avoids unjust or absurd results in sentencing. Hello Friends, Welcome Back to Finology Legal! Ordinarily, Every Passage Has But One Meaning However it is important to note that the rule does not have the binding force of Law as compared to Legislation which constitute the primary source of Law. Applied to Bible study, rules are nothing more than a means of disciplining the mind by which we allow the Bible to mean what it must mean, not what “we” want it to mean. Specific rules of interpretation. The following rules of interpretation are not some “special rules” belonging only to Bible study. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Biblical interpretation is more than knowing a set of rules, but it cannot be done without the rules. This rule states that when the language of the statue is plan, certain and unambiguous, it must be given effect irrespective of its consequences. But before detailed discussion upon rules and expressions, it is important to keep in mind that to interpret any statute, three basic rules or processes are to be followed. They will take your study of the Bible to a deeper level and make you a more knowledgeable and confident student of the Bible. The application was moved after 30 days on the contention that statute must be read as “30 days from the knowledge of the order”. One can find in literature the following rules of the judicial interpretation of statutes: literal interpretation, the golden rule, the mischief rule and purposive approach. So. RULES OF INTERPRETATION Dr. David L. Cooper. The golden rules departs from its strictly literal rules, it is elaboration or extension of literal rule. He surely knows what he means better than anyone else does. Here are the eight rules… It can help to provide consistency in interpretation. Biblical interpretation is more than knowing a set of rules, but it cannot be done without the rules. There are six General Rules used in interpreting (applying) the Tariff. 18 Statutory Interpretation. To harmonize is not to destroy any statutory provision or to render it loose. • They allow judges to look at other words in the Act in order to make the meaning clear. The rule of USAGE: It must be remembered that the Old Testament was written originally by, to and … Statute may itself provide a special meaning for a term, which is usually to be found in the interpretation section. Rules of Interpretation § 397. These principles are listed and discussed here in the context of bylaws, but the principles apply to other rules, too. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mother’s family. words should be simple so that the language is plain and only one meaning can be derived out of the statute. One of the basic rules of interpretation of statute is grammatical interpretation. The Supreme Court observed that both these provisions should be harmoniously interpreted and held that a Government Servant was entitled to nominate or second a candidate seeking election in State Legislative assembly. When the material words are capable of bearing two or more constructions the most firmly established rule or construction of such words “of all statutes, in general, be they penal or beneficial, restrictive or enlarging of the common law is the rule of Heydon’s case. For example, in Romans 3:28 we read, “A man is justified by faith without the deeds of the law” and James 2:24], “By works a man is justified, and not by faith only” are presented as being in conflict. Do not be too disturbed over a difficult verse or verses but continue steadfastly in your study. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. In Psalms 16:10, David seems to speak of himself in a time of danger when he says, “For thou wilt not leave my soul in hell; neither wilt thou suffer thine Holy One to see corruption.” David trusts God to deliver him from the hands of his enemies. This is the foremost rules of Interpretation. There are certain general principles of interpretation which have been applied by Courts from time to time. The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then in all such events the li… In any letter, discourse, book, or conversation in ordinary communication this is true, unless the author is seeking to mislead or confuse the reader or conceal ignorance. What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? The literal rule is what the law says instead of what the law means. They also point out that ordinary people and lawyers do not have extensive access to secondary sources. ADDITIONAL U.S. RULES OF INTERPRETATION 1. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". However, when this may lead to an irrational result that is unlikely to be the legislature’s intention, the judge can depart from this meaning. The courts should not be overzealous in searching for ambiguities or obscurities in words which are plain. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or … INTRODUCTION. They are identical to the rules that we ordinarily employ in our daily interchange of thoughts between any two rational persons. The term interpretation means “To give meaning to”. It may be a paragraph, a chapter, a large section, or the entire writing. After successfully using the rules to classify a product, the outcome is a HS code that identifies the type of product to Customs. Read more 23. The Seven Rules of Bible Interpretation: “When two Bible interpretations are claimed for a Scripture, the construction most in agreement with all the facts of the case should be adopted. … 1) Ordinarily, Every Passage Has But One Meaning. What was the common law before the making of the act? Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. Interpretation is the method by which the true sense or the meaning of the word is understood. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. The courts were required to rule on who then inherited the estate, the mother’s family, or the son’s descendants. This rule is also known as the Plain meaning rule. The Law Commission sees it as a far more satisfactory way of interpreting acts as opposed to the Golden or Literal rules. The table of contents, alphabetical index, and titles of sections, chapters and sub-chapters are provided for ease of reference only; INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. In this article, we will name and briefly discuss fifteen of these rules. It tends to be one of the primary rule to be applied by the Judges. The writings of Scripture demonstrate a continuous, logical flow of thoughts, and a passage should never be “forcibly” pulled out of this order and forced into the mold of some other thoughts. arose from the language of Statute while interpreting it. The Court leans in favour of an interpretation which conforms to justice and fair play and prevents injustice.[6]. However, the vast majority of questions that arise on the course will be answerable solely by reference to the Rules of Golf and so it is recommended that a thorough review of the relevant Rule is undertaken before referring to the Interpretations for guidance. The rules of interpretation are drawn from the general scope and intention of the codified legislation. The rules laid down, in this case, are also known as Purposive Construction or Mischief Rule. In fact, words are imprecise, leading justices to impose their own prejudices to determine the meaning of a statute. Required fields are marked *. The words in an enactment have their own natural effect and the construction of an act depends on its wording. The help of decided cases the literal (Grammatical) rule of Interpretation.. We know more than one instance in which this had happened. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. Golden rule in nutshell - What is wrong with always preferring the more obvious meaning of a passage, unless the context forbids it? The rule of USAGE: It must be remembered that the Old Testament was written originally by, to and … The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. Interpret the Scriptures literally unless you have good reason to believe that they are figurative. (1100 Words) Categories: Bible Study Lessons. • The three Rules of Language are Ejusdem generis Expressio unius est exclusio alterius Noscitur a sociis 7/27/2015 26 27. 2) The Most Simple And Obvious Meaning Of Any Passage Is Usually The Correct One. In the absence of special language or context which otherwise requires--(a) a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States IN our future commentaries upon the constitution we shall treat it, then, as it is denominated in the instrument itself, as a CONSTITUTION of government, ordained and established by the people of the United States for themselves and their posterity. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. In the case in which it shall be impossible to harmonize both the provisions, the court’s decision regarding the provision shall prevail. Internal and external aids to interpretation including the presumptions, rules of language, noscitur a sociis rule, ejusdem generis rule, espressio unius est exclusio alterius rule with case summaries The interpretation consistent of all the provisions of the statute should be adopted. Individually, they can also be referred to as General Rules of Interpretation or GRIs. In the process of interpretation, several aids are used. The mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. Das, stated: “It was to cure this mischief of multiple taxations and to preserve the free flow of interstate trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the constitution maker adopted Article 286 in the constitution”. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. Rules of statutory Interpretation 1. There should be no additions or substitution of words in the construction of statutes and … The Courts should avoid “a head-on clash”, in the words of the Apex Court, between the different parts of enactment and conflict between the various provisions should be sought to be harmonized. Rules of interpretation. There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. The rule of harmonious construction has been tersely explained by the Supreme Court thus, “When there are, in an enactment two provisions which cannot be reconciled with each other, they should be so interpreted, that if possible, the effect should be given to both”. [6] Union of India v. B.S. INTERPRETATION OF STATUTES PROF. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA LAW COLLEGE SATARA 2. Interpretation of statues to render justice is the primary function of the judiciary. Where the intention is reflected clearly and in an expressive way then words cannot be interpolated. When the inspired writer recorded the words of the Bible, even though the Holy Spirit gave him the message, he used the conditions of life as he knew them to frame the revealed message. It is for this latter mode that rules have been formed. I.3.1.1 US — Gasoline, p. 17, DSR 1996:I, p. 3 at 16 (WT/DS2/AB/R) . These rules will be discussed within the body of this essay. This principle is illustrated in the case of Raj Krishna v. Binod[7]. Another important point regarding the rule of literal construction is that exact meaning is preferred to lose meaning in an Act of Parliament. An interpretation which makes the enactment a consistent whole should be the aim of the Courts and construction which avoids inconsistency or repugnancy between the various sections or parts of the statute should be adopted. 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