Proponents of the plain meaning rule claim that it prevents courts from taking sides in legislative or political issues. 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. It tends to be one of the primary rule to be applied by the Judges. The rules of interpretation are drawn from the general scope and intention of the codified legislation. 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. This is the foremost rules of Interpretation. I.3.1 General rules of treaty interpretation — Articles 31 and 32 of the Vienna Convention back to top. The words in an enactment have their own natural effect and the construction of an act depends on its wording. 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." General rules of interpretation The starting point for the court is to identify the intention of the contracting parties. However, in Acts 2:27 the apostle Peter reveals that David spoke of the resurrection of Christ. 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. God’s Word is “truth” (John 17:17), and any one portion of it must coincide with everything else He says. In the case in which it shall be impossible to harmonize both the provisions, the court’s decision regarding the provision shall prevail. The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem. It is for this latter mode that rules have been formed. There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. Rules of Language • Rules of language have developed to help in the interpretation of statutes. (1100 Words) The rules of interpretation of statutes stemmed from common Law judges which has become applicable over years. In the light of the authors’ purposes, they support one another, 7) One Passage Will Often Explain Another Passage. These are the characteristics peculiar to the original languages of the Bible. Book Review: 10 Judgments that changed India, The Concept of Best Evidence Rule and its Evolution in India, Introduction, Meaning and Nature of Interpretation, Principles of Constitutional Interpretation, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. In today’s Video Let us understand the Rules of Interpretation! It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. 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. 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. They will take your study of the Bible to a deeper level and make you a more knowledgeable and confident student of the Bible. A principle to be valued must be capable of wider application than the mischief which gave it existence. These rules have major role to play in proper and beneficial implementation of law under the garb of different rule, expressions of interpretation. 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”. 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. The principle of literal construction is applied, where the wording of a statute is absolute… [6] Union of India v. B.S. The rule of harmonious construction is the thumb rule to the interpretation of any statute. Importance of Golden rule of Interpretation - 1) it departs from its strictly literal rules 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the Legislature. The rule of USAGE: It must be remembered that the Old Testament was written originally by, to and … We know more than one instance in which this had happened. 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. This rule is also known as the Plain meaning rule. The courts were required to rule on who then inherited the estate, the mother’s family, or the son’s descendants. • They allow judges to look at other words in the Act in order to make the meaning clear. 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. If any manipulation is done with words, then the statue would more likely fail to carry out the legislative intent. They insist that the passage must mean other than what it says. Four-Ball. They also point out that ordinary people and lawyers do not have extensive access to secondary sources. General Principles of Interpretation 1.1 In the event of any inconsistency between the Constitution and any other Rules or Regulations, the Constitution shall prevail. 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. In this case, two provisions of Representation of People Act, 1951, which were in apparent conflict, were brought forth. Rules of interpretation. It usually avoids unjust or absurd results in sentencing. Another important point regarding the rule of literal construction is that exact meaning is preferred to lose meaning in an Act of Parliament. But, in certain cases, more than one meaning may be … Legislative intent is determined by examining secondary sources, such as committee reports, treatises, law review articles and corresponding statutes. Rules 2(b) lays the principles for the classification of products that do not consist of single chemical, liquid, gas, solid or component. Your email address will not be published. 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. The Apostle Paul says that the wisdom of the Holy Spirit teaches us to compare “spiritual things with spiritual” (1 Corinthians 2:13). (1100 Words) The following rules of interpretation are not some “special rules” belonging only to Bible study. It is a compromise between the plain meaning (or literal) rule and the mischief rule. These rules will be discussed within the body of this essay. Indeed, incorrect applications of the VCLT rules of interpretation, notably Article 32, contribute to exacerbate legal insecurity and the risks of conflicts of interpretation, thus undermining the confidence of States and investors in the system. As there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law’s literal wording. Biblical interpretation is more than knowing a set of rules, but it cannot be done without the rules. What is wrong with always preferring the more obvious meaning of a passage, unless the context forbids it? The Court leans in favour of an interpretation which conforms to justice and fair play and prevents injustice.[6]. In the case of CIT v. Sundaradevi[4], it was held by the Apex Court that unless there is an ambiguity, it would not be open to the Court to depart from the normal rule of construction which is that the intention of the legislature should be primarily to gather from the words which are used. Very well articulated notes. 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. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. The interpretation consistent of all the provisions of the statute should be adopted. Section 33 (2) says that a Government Servant can nominate or second a person in the election but section 123(8) says that a Government Servant cannot assist any candidate in the election except by casting his vote. 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. The table of contents , alphabetical inde x, and titles of sections , chapters and sub-chapters are pro vided for ease of reference only; Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. So. 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. 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. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only). These are known as the General Rules of Interpretation (GIR) 1 through 6. Why? According to GRI 3(a), an electric hair clipper may be classified under HS 85102000 in Indonesia as a hair clipper instead of a household appliance. 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. GENERAL RULES OF INTERPRETATION Classification of goods in the tariff schedule shall be governed by the following principles: 1. Take the word “perfect”. By context, we mean the entire section of written thought in which the passage is found. 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. Interpretation is the method by which the true sense or the meaning of the word is understood. There are some who insist that it doesn’t mean what it says, but really means “word.” One passage used is John 3:1-13. Learn how your comment data is processed. Really helpful for revision and they also cover all the topics concisely. 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. So, learn the rules, and rightly apply them…." 1) Ordinarily, Every Passage Has But One Meaning. These principles are listed and discussed here in the context of bylaws, but the principles apply to other rules, too. Example: The facts of a case are; a son murdered his mother and committed suicide. When it is said that words are to be understood first in their natural ordinary and popular sense, it is meant that words must be ascribed that natural, ordinary or popular meaning which they have in relation to the subject matter with reference to which and the context in which they have been used in the Statute. It is a self-evident fact that a person has a right to explain the way in which he is using an expression. 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. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. Mayank is a student at Faculty of Law, Delhi University. This rule is also known as the Plain meaning rule. In the process of interpretation, several aids are used. The paper is a critique of the golden rule of interpretation along with relevant case laws. Besides this, the nature of the transactions and the situation also affects the interpretation of those legislation. 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. The Golden rule, or British rule, is a form of statutory interpretation that allows a judge to depart from a word’s normal meaning in order to avoid an absurd result. Such a practice can be overdone by “forcing” comparisons that are not relative. 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. Golden rule of interpretation allows judges to depart from a word normal meaning in order to avoid an absurd result According to Maxwell, "The golden rule is that words of Institute must prima facie be given their ordinary meaning. Required fields are marked *. The words in an enactment have their own natural effect and the construction of an act depends on its wording. Sermon on the Bride of Christ - The Church - The Beautiful Bride of Christ, Sermon on Faithfulness - The Basic Pattern For Faithfulness. GENERAL RULES FOR THE INTERPRETATION OF THE HARMONIZED SYSTEM Classification of goods in the Nomenclature shall be governed by the following principles : 1. An Evaluation On Enabling Statute: Rules of Interpretation. 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. Examples of using General Rules of Interpretation/General Interpretative Rules of Classification : Rule 3. INTRODUCTION. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. 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. Individually, they can also be referred to as General Rules of Interpretation or GRIs. Read the closing verses of the fifth chapter (Hebrews 5:12-14) and note that he explains fully how he uses the word. There should be no additions or substitution of words in the construction of statutes and in its interpretation. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. For example, there are several passages in the New Testament referring to “water” as it relates to a Christian’s conversion and life. Beatitudes - Blessed Are the Pure in Heart! When the language of the statute is clear, there is no need for the rules of interpretation. Rules Of Interpretation (2) By Mike Riley. This is the oldest of the rules of construction and is still used today, primarily because judges may not legislate. There are six General Rules used in interpreting (applying) the Tariff. It gives too much power to the unelected judiciary which is argued to be undemocratic. He drew upon the customs of his day, the circumstances surrounding his life, and the nature of his own personality. Give an example from case law to illustrate each of the rules. No two writers have exactly the same minds, nor do they express truth exactly alike. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. The Literal Rule is a part of the statutory rules of interpretation. In the statement of the rule, the epithets ‘natural, “ordinary”, “literal”, “grammatical” and “popular” are employed almost interchangeably to convey the same idea. Many times another passage will shed light on the obscure passage and bring forth a sudden revelation of understanding. Specific rules of interpretation. Object of interpretation . He surely knows what he means better than anyone else does. This course teaches you seven (7) advanced Bible study techniques in the form of the 7 Rules of Bible Interpretation EVERY Christian Should Know. 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. Are They? The desire then must be to seek harmony and consistency. Your email address will not be published. Interpretation of a particular statute depend… 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. 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). The rules of interpretation contained in Article I of the Credit Agreement shall be applicable to this Guaranty Agreement and each Guaranty Joinder Agreement and are hereby incorporated by reference.All representations and warranties contained herein shall survive the delivery of documents and any extension of credit referred to herein or guaranteed hereby. Will be discussed within the body of this essay • rules of and... 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