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Statutory Interpretation Presentation

The document outlines the principles of statutory interpretation, focusing on the Literal Rule, Golden Rule, and Mischief Rule, which judges use to interpret ambiguous laws. It discusses the necessity of interpretation due to imprecise language and drafting errors, and provides case examples for each rule. The conclusion emphasizes the balance between clarity and fairness in legal interpretation, with a note on the increasing use of the purposive approach in modern law.

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ABDULLAH TARIQ
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9 views12 pages

Statutory Interpretation Presentation

The document outlines the principles of statutory interpretation, focusing on the Literal Rule, Golden Rule, and Mischief Rule, which judges use to interpret ambiguous laws. It discusses the necessity of interpretation due to imprecise language and drafting errors, and provides case examples for each rule. The conclusion emphasizes the balance between clarity and fairness in legal interpretation, with a note on the increasing use of the purposive approach in modern law.

Uploaded by

ABDULLAH TARIQ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Principles of Statutory

Interpretation
• Literal Rule | Golden Rule | Mischief Rule
• Presented by: [Your Name]
• Subject: [LLB / Legal Method / Jurisprudence]
• Date: [Insert Date]
Introduction to Statutory
Interpretation
• - Process used by judges to interpret laws
written by Parliament.
• - Needed when language is vague or
ambiguous.
• - Goal: Apply the true intention of the
legislature.
Why is Interpretation Necessary?
• - Language may be imprecise or change over
time.
• - Errors in drafting.
• - Different meanings lead to different
outcomes.
• - Ensures justice and fairness.
Overview of Interpretation Rules
• 1. Literal Rule – plain meaning.
• 2. Golden Rule – avoid absurdity.
• 3. Mischief Rule – fix legislative defect.
• Note: Purposive approach used in modern
context.
Literal Rule – Explained
• - Ordinary, dictionary meaning.
• - No concern with legislative intent unless
unclear.

• Quote:
• "The judge must not alter the words of the
statute, but interpret them as they stand." –
Lord Esher
Literal Rule – Case Examples
• 1. Whiteley v Chappell (1868)
• - Dead person 'not entitled to vote' –
acquitted.
• 2. R v Harris (1836)
• - Biting didn’t count as 'cutting or wounding'.

• Criticism: Can lead to unjust outcomes.


Golden Rule – Explained
• - Modifies literal rule to prevent absurd
outcomes.
• - Two types:
• 1. Narrow – Choose between meanings.
• 2. Wide – Modify to avoid absurdity.
Golden Rule – Case Examples
• 1. R v Allen (1872)
• - 'Marry' interpreted as 'ceremony' to avoid
absurdity.
• 2. Adler v George (1964)
• - 'In vicinity' included inside base.
Mischief Rule – Explained
• - Origin: Heydon’s Case (1584)
• - Court considers:
• 1. Common law before Act
• 2. Defect/mischief
• 3. Remedy in Act
• 4. Intent behind remedy
Mischief Rule – Case Examples
• 1. Smith v Hughes (1960)
• - Soliciting from windows = public offense.
• 2. Eastbourne Borough Council v Stirling
(2000)
• - Soliciting from private land still mischief.
Comparison Table
• Rule | Basis | Flexibility | Intent | Case
Example | Criticism
• ---|---|---|---|---|---
• Literal | Ordinary words | Low | Ignored |
Whiteley | Injustice
• Golden | Avoid absurdity | Medium | Partial |
Allen | Unclear use
• Mischief | Law’s purpose | High | Central |
Hughes | Judicial overreach
Conclusion
• - Rules balance clarity with fairness.
• - Choice depends on statute clarity, absurdity,
and legislative intent.
• - Purposive approach is now common in
human rights/international law.

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