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The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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 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.
The rule is today seen as an expression of legislative supremacy. [11] It is infrequently cited in contemporary [clarification needed] opinions. [12] During oral arguments for the 2016 case, Lockhart v. United States, [13] Justice Antonin Scalia sua sponte raised the question of the rule's application: "...what I worry about is the rule of lenity.
In sociology, hermeneutics is the interpretation and understanding of social events through analysis of their meanings for the human participants in the events. It enjoyed prominence during the 1960s and 1970s, and differs from other interpretive schools of sociology in that it emphasizes both context [ 83 ] and form within any given social ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
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.
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