A web page about the interpretation of statutes interpretation of statutes - approaches to construction (literal and purposive) the use of intrinsic and extrinsic. Download scientific diagram| literal interpretation of transit oriented development (tod) with density distribution linked directly to proximity to transit from. Just over three years ago, the enterprise and regulatory reform act 2013 came into forcethis saw the removal of the dishonesty element to. Rules is plain and clear hence, the literal rule of interpretation will apply to it no doubt, equity statute in every system of interpretation is the literal rule of.
This is mirrored by the more lenient application of the literal approach to interpretation now favoured by the irish courts, whereby a literal construction is replaced. Lord neuberger reaffirmed this view in the supreme court decision of arnold v britton where he gave effect to the literal interpretation of the words used in a. In july 2017's insight, we look at the impact of a more literal approach to contractual interpretation on construction contracts.
Therefore the judge held that on a literal interpretation, a right to rescind only arose when none of the conditions had been discharged of note. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts the other two are the. That the overall objective of statutory construction is to give effect to the purpose 'literal', or so-called 'objective' or 'plain meaning', approach to interpretation.
The time courses for constructing literal and figurative interpretations of simple propositions were measured with the response signal, speed–accuracy tradeoff. The proper construction of a statute is a question of law firstly, the literal rule that, if the meaning of section is plain, it is to be applied. A consistent and regular use of a literal principle of interpretation through this article, we will see if dispensational pre-tribbers interpret scripture literally, or if. (a) literal construction : according to this rule the word, phrases and sentences of a statute are ordinary or popular and grammatical meaning. Legal definition for literal construction: the interpretation of a document, law or statute based upon the strict and plain meaning of the words without.
Kay iron works (p) ltd court while reiterating that courts will have to follow the rule of literal construction, which enjoins the court to take the words as used by. Definition of literal construction in the legal dictionary - by free online english dictionary and encyclopedia what is literal construction meaning of literal. Revision notes on the literal rule and construction in statutory interpretation free study resources for law students (llb degree) including. In law, the golden rule, or british rule, is a form of statutory construction the other two are the “plain meaning rule” (also known as the “literal rule”) and the. This is the cardinal rule of construction (interpretation) of statutes according to this rule, words must be given their ordinary, literal, grammatical meaning.
Literal rule of statute interpretation states that statute must be construed in the ordinary and natural meaning of the words and sentences words and phrases. Knowledge construction among cree hunters if we accept literal construction as our chief. Be based upon full recognition that interpretation according to the literal approach does not involve any effort to discover the intention of the legislature, in the. These rules each take different approaches to interpretation of a statute in order to achieve this, the judge will give the words in the statute a literal meaning.
Construction means the process of interpreting the intention of a writing such as: a statute, opinion, or instrument literal construction is an interpretation that. One of the primary and basic rules in statutory construction is that where the applying a verba legis or strictly literal interpretation of the.
The literal rule of interpretation really means that there should be no interpretation (see the chapter - the rule of literal construction -page 78 - ninth ed. The supreme court held that literal interpretation must be made and hence rejected the application as invalid where the location of a bus stand. The legal definition of literal construction is a form of construction which does not allow evidence extrapolated beyond the actual words. Definition of literal construction: interpretation of a document only on the basis of actual words and phrases used in it, and (unlike in liberal construction) without.