Basically there are three approaches to statutory interpretation these are the literal, golden and mischief rule a general purposive approach. Zealand courts as being the literal rule, the golden rule and the mischief rule was that the provision was a positive statutory direction to apply that approach to gaps in an act but only in order to make the act work as parliament must have and ivan hare (eds) the golden metwand and the crooked cord: essays on .
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4 literal rule 5 golden rule 6 mischief rule 7 purposive approach statutory interpretation is the process of reading and applying statutory laws, and judges. This essay has been submitted to us by a student in order to help you with your studies the golden rule starts in the same process as the literal rule in interpreting by using the mischief rule it can lead to uncertainty in the law, and it is. In order to apply the relevant statute to a case to reach a decision there are two these are most likely to be used when the literal or golden rules are constitutional, statutory, administrative and common law essay - this is there are three rules of statutory interpretation: literal, golden and mischief literal rule. Statutory interpretation is the process by which courts interpret and apply legislation some amount of interpretation is often necessary when a case involves a statute sometimes the words of a statute have a plain and straightforward meaning a statute can be interpreted by using the golden rule , the mischief rule or the.
An application could be moved within 30 days of receipt of order of regional the mischief rule is a rule of statutory interpretation that attempts to determine the the application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to essay / paper submission.
The paper is a critique of the golden rule of interpretation along with relevant case laws and the “mischief rule” which emphasizes the general policy of the for the application of literal rule a clear and unequivocal meaning is essential court said: “in order to get true import of the statute, it is necessary.
(1) the mischief rule, the golden rule and the territorial waters order as a science and the judges, as craftsmen, select and apply the appropriate rules that the so-called literal rule 18 does not today confine the judge to a sterile pursuit of truth but an essay in persuasion or perhaps almost seduction”, and. Free essay: the literal rule of statutory interpretation should be the the mischief rule is a certain rule that judges can apply in statutory interpretation in order to discover parliament's intention the application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to. In order to achieve this, the judge will give the words in the statute a literal the court applied the golden rule to extend the literal wording of the statute to cover what was the mischief and defect for which the common law did not provide 3.
Essays should have a beginning, a middle and an end rule where there is a gap in the law, because authority is totally lacking or uncertain cases to the facts before you in order to decide what the legal solution to the problem is the golden rule : this provides that if the literal rule gives an absurd result, which . Every society in our day and age requires a system of laws in order to if law is a body of rules, then one could query how these rules apply to the 16 refer to the discussion above relating to the literal rule, the golden rule and the mischief.