A study on the rules of statutory interpretation

Srijayashree.G and Saleem Ahmed MR

Legislation is necessitated by draftsmen, and a draftsman’s capability to anticipate the long run is proscribed. He might not foresee some future risk, or overlook an attainable mistaking of the first intentions of the legislation. Another drawback is legislation usually tries to affect issues that involve completely different and conflicting interests. Judges in European nation typically apply 3 basic rules of statutory interpretation, and similar rules also are utilized in alternative common law jurisdictions. The literal rule, the golden rule and therefore the mischief rule. though judges don't seem to be absolute to apply these rules, they often take one in every of the subsequent 3 approaches, and therefore the approach taken by anyone specific choose is usually a mirrored image of that judge’s own philosophy. The interpretation of laws is confined to courts of law. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. A statute is designed to be workable, and the interpretation thereof by a court should be to secure that object, unless crucial omission or clear direction makes that unattainable. The normal way of interpreting or construing a statute is to seek the intention of legislature. Some of the better known rules of interpretation also referred to as the Primary Rules of Interpretation are discussed in this paper.

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DOI: http://dx.doi.org/10.24327/ijcar.2017.6035.0859
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