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Using a literal construction of the relevant statutory provision, the deceased was not "a person entitled to vote". This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that ...
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.
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.
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 ...
Interpreting contracts in English law is an area of English contract law, which concerns how the courts decide what an agreement means.It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made their agreement.
Constitutional scholar John Hart Ely believed that "strict constructionism" is not really a philosophy of law or a theory of interpretation, but a coded label for judicial decisions popular with a particular political party. [3] The term is frequently used even more loosely to describe any conservative judge or legal analyst. [4]
Investigators are trying to determine how a woman got past multiple security checkpoints this week at New York’s JFK International Airport and boarded a plane to Paris, apparently hiding in the ...
Literal may refer to: Interpretation of legal concepts: Strict constructionism; The plain meaning rule (a.k.a. "literal rule") Literal (mathematical logic), certain logical roles taken by propositions; Literal (computer programming), a fixed value in a program's source code; Biblical literalism; Titled works: Literal