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... The canon of interpretation consists of literal rule, golden rule and mischief rule.
The Literal Rule states that a word should be given its literal or ordinary meaning at the time the statute is passed. ... Literal rule respects parliamentary sovereignty, but it may result in injustice and absurdity. ...
The Golden Rule exists to overcome the injustice of literal rule. ... The golden rule prevent the absurdity and injustice caused by literal rule and help the courts put into practice what Parliament really means but, it provided no clear meaning of an ‘absurd result’. ...
If the word is ambiguous or difficult to interpret, the mischief rule applies to find an appropriate meaning which consistent with the purpose of statute. It sometimes referred to as the rule in Heydon’s case (1584) 3 Co Rep 7a, allows the court to look at the state of the former law in order to discover the mischief in it which the present statute was designed to remedy. ... This rule helps avoid absurdity and injustice, and promotes flexibility but such a rule maybe less suitable now as the legislation situation is different compared where the judge are aware what the intention of statute as the statutes is usually drafted by them on the behalf of the Parliament. ... In Nothman v London Borough of Barnet (1978) 1 All ER 1243, Lord Denning claim that the literal method is now completely out of date. ... Judges do not methodically apply these rule to every case, and in any case, the fact that they can conflict with each other and produce different results necessarily implies some choice as to which is used, there is choice too in the relative weight given to rules of language, presumptions, approaches and, internal and external aids have varied over the years.
The rule of language developed by lawyers over time, these rules are really little more than common sense, despite their intimidating names. ... The literal rule and the golden rule both direct the judge to internal aids, though they are taken into account whatever the approach.
Approximate Word count = 1655
Approximate Pages = 6.6
(250 words per page double spaced)
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