Sunday, July 26, 2009

Judicial guidance

Literal rule
- allows judges to interpret the words in the ordinary and natural english meaning.
- Not judges' duty to vary it, even the result is inconvenient.

Golden rule
-allows judges to escape any absurdity created by literal rules
-Intended meaning of words can be made clear by applying it in accordance with the text.

Mischief rule
-interpret status in accordance with the intention of parliament.

Canons of construction
- These are rules which established presumption of interpretations, which guide judges when there is no statutory rules exists.

The rules of (Noscitur a sociis) and (Ejusdem generis) fking latin..
- Noscitur a sociis allows interpretation of words or phrase which derived from its context
- Ejusdem generis, where words of the particular meaning followed by words of general meaning.

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