• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule.

Extracts from this document...

Introduction

´╗┐Question 2 This essay outlines the rules of statutory interpretation. The essay will starts by explaining what the rules are, and how they are used. This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. The essay will also outline the difficulties that courts face in applying the rules. The rules are not in fact rules, but guidelines. Law is a system of rules. The rules are a vital part of our social environment. We are subject to the rules at all times: at work, at home, in the shops. Statutory interpretation uses rules to help interpret what Parliament has enacted. The interpretation of statute has become a hugely personal affair with judges attempting to have their final say and using whatever means to justify their decisions in a particular case. Some judges have their own favorite rule and the different outcomes may result from the use of different rules. ...read more.

Middle

For example, in the case of Whiteley v. Chappell (1868) ?the defendant pretended to be someone who was on the voters list, but who had died. He was charged with impersonating ?a person entitled to vote?, but was found not guilty.? (Understanding law 2008, p.91) . The conclusion draft by the court was that the defendant could not be convicted of the statutory offence because the person was dead. And according on a literal rule construction a dead person was not a person entitled to vote. Using the literal rule can also lead to injustice. For example, a railway worker?s widow claimed damages from her husband; the claimant husband was killed while oiling points along a railway line. Under the relevant statutes, compensation was only payable if he had been relaying or repairing the line. And the House of Lords held that claimant husband had merely been maintaining them, so she was denied compensation. ...read more.

Conclusion

In conclusion, this essay explained that statutory interpretation is the process of interpreting and applying legislation. There are rules used by the courts to interpret the meaning of an Act. These rules are necessary because the meanings of an Act can be unclear, that?s why these rules are used to make a judge's task of reaching a clear understanding of an Act, much easier. There are three main rules: the literal rule, golden rule and mischief rule. The literal rule is used by judges to look at the literal meaning of words in an Act. If the words of an Act are unclear you must follow them even though they lead to a manifest absurdity. The golden rule also looks at the literal meaning of words of an Act but allows the court to avoid an interpretation which may lead to an absurd result. The mischief rule involves looking at Parliament's intention for the Act, by determining the defect that the statute in question is trying to remedy. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

3 star(s)

Good on the literal and golden rule but poor on the mischief rule.

Further, the purposive approach is not addressed at all. Under this rule, the focus is on what Parliament intended when passing a new law. Good examples wold be Jones v Tower Boot Co. and Pepper v Harts.

3 Stars.

Marked by teacher Edward Smith 23/10/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. There are four different types of law, criminal, civil, common and statuate. In this ...

    Obedience is another main factor of discipline that is closely linked with regulation and is as importantly need by a member of the fire service. Obedience is needed to make sure that those in the police service can listen and follow orders very closely without asking questions.

  2. The main sources of English law.

    It refers to the hierarchy of the English courts See Fig. 1 (Pg 64 Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd, London, Sydney) and it is reliant upon widespread reporting service. Law reporting and binding precedent is of utmost importance to judges and counsel, to ensure that law is applied consistently.

  1. Criminal Law (Offences against the person) - revision notes

    the defendant's actions were an operative and substantial cause of the victims' death. So called legal causation. The defence for its part will attempt to introduce evidence of an intervening act(S) which the defendant claims breaks the chain of causation.

  2. Study the concept of Reasonable man and reasonability in tort law.

    The most popular explanation of the rationality for the formation of the concept of reasonable man has been explained below. To offer an account of how reasonableness is embodied in many men, an account of the social structure of reasonableness will be sufficient way of backing the concept of reasonable man.

  1. "Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer ...

    Secondarily - Equality before Law "No man is above the law and everyone, regardless of rank, is subject to the ordinary laws of the land." (Reference in bibliography) Rule of law, in the second principle, means the equality of law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts.

  2. 'What defences does the law provide for journalists facing defamation cases?'

    Judicial proceedings. For example if a MP were to say something defamatory about the Prime Minister in the House of Commons during parliamentary proceedings he could do so without fear of defamation action. But journalists will not be able to use absolute privilege as a defence when publishing parliamentary proceedings, although qualified privilege may be available.

  1. Law essay - Offences Against the person Act, 1861and its reforms.

    'Clause 3, intentionally or recklessly causing injury', to replace section 47 which is that of Actual Bodily Harm. However, concerning clause 3 it would be necessary to prove intention or recklessness in relation to the injury, not merely the fact that an assault was present.

  2. 869 Words Essay On Human Rights

    Covenant on Economic, Social and Cultural Rights. Over the objection of the j more developed states [Capitalist], which questioned the relevance and propriety of such provisions in covenants on human rights, both begin with the right of I people to self-determination and to sovereignty over their natural resources.!

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work