A Term Paper

In
‘LAW 1101: Jurisprudence and legal theory’ Course
On
‘Statutory Interpretation’

Submitted to:
Dr.Nayem Alimul Hyder
Lecturer & HOD
Department of Law, BAIUST

Submitted by:
Ankita Dey
ID: 0822310108131011
Programme: LL.B. (Level 1, Term I)

Department of Law
Bangladesh Army International University of Science and Technology
(BAIUST)
Date of Submission: 29.08.2023
What is Interpretation :-
Interpretation, in the legal context, refers to the process of
understanding and applying the meaning of laws, statutes,
regulations, and other legal documents. It is essential because
legislative language can sometimes be ambiguous or unclear,
requiring judges to interpret the intent of lawmakers to ensure just
and consistent application of the law.

Interpretation Definition in Law by Different Jurists :-

Interpretation in law has been defined by various legal scholars
and jurists. One common definition is that of
Sir Frederick Pollock, who described it as "The art of finding out
the true sense of any form of words." This emphasizes the goal of
discovering the intended meaning behind legal texts.
According to “ Salmond’’
“By interpreting or construction is meant the process by which the
courts seek to ascertain the meaning of legislation through the medium
of the authoritative forms in which it is expressed’’.

Literal Rule Definition :-

The Literal Rule is an approach to statutory interpretation where
judges give the words of a statute their plain, ordinary, and literal
meaning, even if this leads to results that seem illogical or
undesirable.

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Advantage of Literal Rule :-
1) Certainty:It provides a clear and predictable understanding of
the law based on the actual words used in the statute.
2) Respect for Legislative Intent:It respects the principle that
lawmakers' intent is expressed through the words they choose.
3) It respects parliamentary supremacy because judges function is
to apply the words of parliament and not to make law.It restricts the
role of the judges and provides no scope for the judges to use their
own opinion and prejudices.

Disadvantage of Literal Rule :-

1) Rigid Application: It can lead to absurd or unjust outcomes
when the literal meaning contradicts the purpose of the law.
2) Ignorance of Context: It ignores the context in which the law
was enacted, potentially missing its intended scope.

Golden Rule Definition :-

The Golden Rule is a method of interpretation where judges
interpret the words of a statute while giving them their ordinary
meaning but also allowing some flexibility to avoid absurd or
contradictory outcomes.

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Advantages of Golden Rule :-
1) Balanced Approach: It balances the literal meaning of words
with the intention of the lawmakers, allowing for more sensible
interpretations.
2) Avoidance of Absurdity: It prevents absurd results that could
arise from strictly following the literal meaning

Disadvantages of Golden Rule :-

1) Subjectivity: It relies on judges' subjective judgment to
determine what constitutes an absurd outcome. For example:
london and North Eastern Railway V Berriman [1946] Ac 278
2) Limited Guidance: It doesn't provide a consistent guideline for
when and how to deviate from the literal meaning.

Mischief Rule :-
The Mischief Rule, also known as the Heydon's Rule, focuses on
discovering the "mischief" or problem that the statute was designed
to remedy and interpreting the statute in a way that addresses that
problem. This rule was established in Heydons case (1584) When
using this rule , a judge should consider what the common law was
before the act was passed,what the problem was the law.

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Advantage of Mischief Rule :-
1) It allows judges to consider the purpose and context of the
law,leading to more just outcomes.
2) It gives effect to parliament intentions
3) It allow judges to consider social and technological changes
4) It allows judges to took at external aids like Hansard as in
“Peppar V Hart’’

Disadvantages of Mischief Rule :-

1) Finding the intention of parliament can be difficult.
2) It is undemocratic.
3) The rule is out of date and does not reflect modern needs.
4) It might cause uncertainty if a judge changes the meaning of the
statute.

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Conclusion :-
Statutory interpretation is a crucial aspect of the legal system, as it
ensures that laws are applied in a manner consistent with
legislative intent. The Literal, Golden, and Mischief Rules are
different approaches that judges use to interpret statutes. While
each approach has its advantages and disadvantages, they
collectively contribute to a nuanced understanding of the law.
Striking a balance between the literal meaning of words, the intent
of lawmakers, and the broader context is essential for a just and
effective legal system.