BUSINESS LAW

Introduction to Business Law



Introduction to Business Law

Question 1-A

Explain the golden rule, the mischief rule, and the literal rule of statutory interpretation. Which must be applied first and why?

In the practice of judicial interpretation of laws (statutes), British justice has developed a set of rules (canons) of written legal interpretation of Acts of Parliament. Moreover, the interpretation of the statutes of Parliament is an absolute prerogative of the English judges, they in each case choose which rule interpretation will be used, which again confirms the real power of the English judges in the legal field (Hurst, 1982).

The Golden Rule

General formulation of the golden rule of interpretation was given in terms of grammar and the conventional understanding of the word of the law that should be followed as long as it does not lead to the absurd, or the opposite meaning, or to an apparent inconsistency with the rest of document (Norman, 2000). The golden rule of interpretation can fill the term interpreted by a valid meaning in relation to other parts of the general nature of the statute, its preamble, headlines, and punctuation. However, the question of what level of absurdity is necessary in order that the English judge refused to use the literal rule and applied the gold is still open. Apparently, this question is answered based on judicial discretion.

In broad terms, the golden rule of interpretation is used by British judges in the case of an ambiguous word under interpretation of the statute. It should be noted that most of the legal language has a set of values, and common sense in the law rubber categories (reasonable, good faith, casual, serious consequences, etc.) is completely dependent on the judge's assessment of a particular situation. That is why the golden rule in its broadest sense is used throughout in order to select the most appropriate value under interpretation of an ambiguous word. Moreover, there is every reason to believe that the golden rule is a kind of camouflage for judicial law-making, as absurd, permissible, or reasonable meaning under interpretation Act, which says the golden rule is an estimated category.

The choice of forum depends in each case on a number of factors from the requirements of the legal and judicial politics, political traditions, legal reform, and the social situation in the country as a whole (Norman, 2000). Moreover, it also depends on the composition of the court, personal attitudes judges, court position in relation to other government agencies and others but not under interpretation of the act of Parliament.

The Literal Interpretation of the Rule - Literal Rule

Literal interpretation of the rule is a direct result of popularity among judges and lawyers in England at the time of the positivist doctrine of Bentham with pledged in him the desire to follow the rule of Parliament and of the separation of powers and judges perceive only as interpreters of English law. In accordance with this rule, the judge must give the words and terms used in the text of the statute ...