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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 ...
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.
These were: the mischief rule, the literal rule, and the golden rule. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. [1] For example: Offences defined in criminal statutes are presumed to require mens rea (a guilty intention by the accused): Sweet v Parsley. [2]
Rule 5, as advocated by James E. Krier, Earl Warren DeLano Professor of Law at the University of Michigan Law School, and Stewart Schwab, Professor of Law at Cornell Law School, in Property Rules and Liability Rules: the Cathedral in another Light provides for a solution for the shortfalls of Rule 4. Under Rule 5, the court would use a best ...
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 ...
In a lengthy “New Rules” segment on Friday on “Real Time With Bill Maher,” the talkshow host laid into Chappell Roan, addressing an open letter to the singer and her political statements.
Dorset CC v Southern Felt Roofing Ltd (1989) 48 Build LR 96, an example of passing the second rule only to fall foul of the third. McKendrick, 230, says the rules put conflicting demands on draftsmen because (2) requires a widely drafted clause but (3) says the wider it is drafted the more likely it will exclude something other than negligence.