What are the three main rules of statutory interpretation?
In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.
What does the federal Interpretation Act do?
The Interpretation Act is accurately characterised as a ‘statutory workhorse’, with its definitions and rules of construction filtering into and underpinning all federal legislation, including statutes and regulations ranging from the criminal offences to human rights, taxation, intellectual property, immigration and …
What does the Interpretation Act apply to?
15 (1) Definitions or rules of interpretation in an enactment apply to all the provisions of the enactment, including the provisions that contain those definitions or rules of interpretation. (b) as being applicable to all other enactments relating to the same subject-matter unless a contrary intention appears.
What is the purpose of the Interpretation Act 1978?
An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
What is the basic principle of statutory interpretation?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.
What is pari materia in interpretation of statutes?
Pari materia means when two provisions of two different statutes deal with the same subject matter and form part of the same subject matter.
What does RSC mean law?
The Revised Statutes of Canada (RSC) consolidates current federal laws in force, incorporating amendments into acts, adding new substantive acts enacted since the last revision and deleting rescinded acts. Thus far there have been six revisions: in 1886, 1906, 1927, 1952, 1970, and 1985.
Does the Interpretation Act apply to the Constitution?
The Interpretation Act 1957 applies to the interpretation of all laws, so it is a useful act to know. The act was last amended to incorporate the 1993 Interim Constitution.
What is interpretation section?
Some legislation contains an interpretation section which defines the meaning of certain words. The contents page of an Act will indicate whether or not there is an interpretations section.
What does Act 1978 mean?
An Act to consolidate and amend the law relating to the allowance of interest in certain cases. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— 1. Short title, extent and commencement. —(1) This Act may be called the Interest Act, 1978.
What does Act 1978 say?
What is Act 1978? An Act to regulate the recruitment and the conditions of service of persons appointed to Civil Services of the State of Karnataka and posts in connection with the affairs of the State of Karnataka.
What are the four rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.