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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
In England and Wales, the Poor Law Amendment Act 1851, section 3, made it an offence to impersonate a "person entitled to vote" at an election.In the case of Whiteley v Chappell (1868), the literal rule of statutory interpretation was employed to find that a dead person was not a "person entitled to vote" and consequently a person accused of this offence was acquitted.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion , author of texts on statutory interpretation, [ 8 ] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative ...
It is featured in Chappell & Co Ltd v Nestle Co Ltd ([1960] AC 87), an important English contract law case where the House of Lords stated that "a peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn".
The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
1. The Legislative and the Rule of Law; 2. The Executive and the Rule of Law; 3. Criminal Process and the Rule of Law; 4. The Judiciary and Legal Profession under the Rule of Law. The committees set up during the congress were each dedicated to one of the four themes with the Working Paper providing the basis of the discussions.