WebThe plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.13 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 "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the … Meer weergeven To avoid ambiguity, legislatures often include "definitions" sections within a statute, which explicitly define the most important terms used in that statute. But some statutes omit a definitions section entirely, or … Meer weergeven An explanation of the rule was given in the Sussex Peerage Case (1844; 11 Cl&Fin 85). "The only rule for construction of Acts of Parliament is … Meer weergeven • Legal formalism • Letter and spirit of the law § See also • Pepper v. Hart [1993] AC 573 Meer weergeven Proponents of the plain meaning rule claim that it prevents courts from taking sides in legislative or political issues. They also point out … Meer weergeven This is the oldest of the rules of construction and is still used today, primarily because judges may not legislate. As … Meer weergeven The "plain meaning rule" has sometimes been applied to the interpretation of contracts, particularly in conjunction with the Meer weergeven

Public law in brief: Statutory interpretation - HWL Ebsworth …

Webmeaning, and plain meaning is the same for everyone, it follows that a rule whose meaning is plain expresses the same law for everyone and will be applied in the same way, … WebLiteral rule of interpretation 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 “mischief rule” and the … chinese takeaway in salford

Plain Meaning Rule Encyclopedia MDPI

WebLiteral Meaning or plain-meaning rule: Verba legis As a general rule, the intent of legislature to be ascertained and thereafter given effect is the intent expressed in the language of the statute. Index animi sermo: speech is the index of intention. Webcourt decides that the meaning of the words is "plain", then, of course, the "literal rule" is applied, "interpretation" is unnecessary and the technique is inapplicable. 21 If, on the other hand, the words are ambiguous enough to induce two people to spend good money in backing two opposing views implication."-Solomonv. WebJudges have developed special rules of statutory interpretation that are also used in understanding the meaning of a statute. The literal rule provides that words in legislation should be given their “plain, literal, natural, ordinary or grammatical meaning” unless they clearly have an established legal meaning as defined in previous case law. chinese takeaway in sawtry