Golden rule of statutory interpretation in malaysia

There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court
found in favour of the mother's family. You're Reading a Free Preview Pages 2 to 6 are not shown in this preview. It is applied most frequently in a
narrow sense where there is some ambiguity or absurdity in the words themselves. Remove them from Saved? Are you sure you want to delete
this list? The rules of statutory interpretation 1. With time, the rule continues to become more refined and therefore to be a more precise and
effective tool for the courts. The parliament will refer to common law before the Act was pass. In Hong Leong Equipment v Liew Food Chuan, the
interpretation of section 30 3 of the Industrial Relations Act confers upon the Minister of Labour the discretion whether or not to refer an industrial
dispute to the Industrial Court. The judge will interpret the statute based on the aim of Parliament. This action might not be possible to undo.
Remove them from Saved? The literal rule , the golden rule and the mischief rule. Pearson , a court added this caveat: Also remove everything in
this list from your library. Sign up to vote on this title. The rules of statutory interpretation: Why is this the case? Occupation Occupation Student
Lawyer Translator Language school teacher or staff University lecturer or professor Legal secretary or support staff HR for law firm or legal
department Other. Such judges are wary of being seen to create law, a role which they see as being strictly limited to the elected legislative branch
of government. However, when this may lead to an irrational result that is unlikely to be the legislature 's intention, the golden rule dictates that a
judge can depart from this meaning. The reasons to interpret statute are mainly due to various meanings in one English word, language used is
different in accordance to the changes in society and technical problems in statute. Close Dialog Are you sure? Copyright - All Rights Reserved.
By using this site, you agree to the Terms of Use and Privacy Policy. These are things found within the statute which help judges understand the
meaning of the statute more clearly. Use one of your book credits to continue reading from where you left off, or restart the preview. Lord Diplock
in the Fothergil case stated that this approach could resolve any doubts on the written laws. Screen Reader Compatibility Information Due to the
method this document is displayed on the page, screen readers may not read the content correctly. You're Reading a Free Preview Pages 2 to 9
are not shown in this preview. Anonymous May 11, at The court will take strict view according to actual words in statute that understand by
ordinary and natural sense. Hart , [], 14 C. What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth?
Often, a law which was drafted with one particular situation in mind will eventually be applied to quite different situations. Online and free each and
every week! Under the literal rule also: The other two are the " plain meaning rule " also known as the "literal rule" and the " mischief rule ".

The Golden Rule of Interpretation

The words must be modifying to avoid absurdity, the second meaning can be added to suit the circumstances and literal rule still contribute an
important role. In Grey v Pearson, the court held that the grammatical and ordinary sense of the words may be modified to avoid absurdity. Why is
this the case? Such judges are wary of being seen to create law, a role which they see as being strictly limited to the elected legislative branch of
government. More than a century after Grey v. Constitutional interpretation Statutory interpretation. Newer Post Older Post Home. A classic
example is the UK Criminal Justice Act, part of which was originally designed to curb illegal warehouse parties but which was later used to crush
demonstrations, often involving people from very different backgrounds to those attending the so-called raves. The Federal court overturned the
judgement and held that Section 6 1 of the Sultanate Land Enactment person can include natural person and artificial person. In Grey v Pearson
held that the word used is given by literal meaning. You're Reading a Free Preview Pages 2 to 9 are not shown in this preview. The rules of
statutory interpretation 1. With this being the case, even the best drafted legislation can include many ambiguities. Do you know if they make any
plugins to safeguard against hackers? Feel free to visit my site nursing faculty jobs. Anonymous May 11, at Although the literal approach has been
dominant in common law systems for over a century, judges now appear to be less bound by the black letter of the law and are more willing to try
to determine the true intention of the Parliament. The rules of statutory interpretation: Anonymous March 11, at 9: Often, a law which was drafted
with one particular situation in mind will eventually be applied to quite different situations. Hence, as a corporation, it cannot be "malay" or "subject
of the said ruler" since it did not originate from Pahang. You're Reading a Free Preview Pages 2 to 6 are not shown in this preview. The reasons to
interpret statute are mainly due to various meanings in one English word, language used is different in accordance to the changes in society and
technical problems in statute. I'm kinda paranoid about losing everything I've worked hard on. Posted by googlemei at The parliament will refer to
common law before the Act was pass. Use one of your book credits to continue reading from where you left off, or restart the preview. Close
Dialog This title now requires a credit Use one of your book credits to continue reading from where you left off, or restart the preview. You are so
intelligent. In determining the intention of the legislature in passing a particular statute, this approach restricts a judge to the so called black letter of
the law. JP Nkera June 15, at 1: Are you sure you want to continue? Close Dialog Join the membership for readers Get monthly access to books,
audiobooks, documents, and more Read Free for 30 Days. The task of judges is mainly to interpret statutory provisions and give effect to the
intention of the statute and essence of law. For a better experience, please download the original document and view it in the native application on
your computer. Also remove everything in this list from your library. The disadvantage of the golden rule is that parliament expresses its full
meaning and no need to imply any additional meaning to the legislation.
 Statutory Interpretation (1) | Statutory Interpretation | Plain Meaning Rule
Although the literal approach has been dominant in common law systems for over a century, judges now appear inherpretation be less bound by
the black letter of the law and are more willing to try to determine the true intention of the Parliament. Also remove everything in this list from your
library. A son murdered his mother golden rule of statutory interpretation in malaysia then committed suicide. The court will take strict view
according to actual words in statute that understand by ordinary and natural sense. Anonymous March 11, at 9: However the disadvantage of
Mischief rule is Parliament not foresee the problem in the future and do not provide a solution as well. This requires judges to seek and promote,
the interpgetation of the legislation to be pass. Anonymous September 15, at 3: In Gorris v Scott, a newly enacted statute stated that the animal
carried on board ship should kept in pens. The disadvantage of the golden rule of statutory interpretation in malaysia rule is that parliament
expresses its full meaning and no need to imply any additional meaning to the legislation. In lawthe golden ruleor British ruleis a form of statutory
construction traditionally applied by English courts. This action might not be possible to undo. You're Reading a Free Preview Pages 2 to 9 are not
shown in this preview. The second use of the golden rule is in golden rule of statutory interpretation in malaysia wider sense, to avoid a result
that is obnoxious to principles of public policy, even where words have only one meaning. The rule was applied in this second sense in In
Sigsworth, Re, Bedford v Bedford ; Ch 89where the court applied the rule to section 46 of the Administration of Estates Act Hart[], 14 C. The
golden rule also: Although it points to a kind of middle ground between the plain meaning or literal rule and the mischief rulethe golden rule is not, in
a strict sense, a compromise between them. This rule may be used in two ways. Your individual stuffs nice. Like the plain meaning rulethe golden
rule gives the words of a statute their plain, ordinary meaning. Plain meaning rule Mischief rule Golden rule. This action might not be possible to
undo. Its like women and men aren't fascinated except it is one thing to accomplish with Girl gaga! Views Read Edit View history. Anonymous
September 15, at 8: Newer Post Older Post Interpretatiln. The same absurdity illustrate in Fisher v Bell that the shopkeeper was charged under
Offensive Weapons Act because they rrule flick knives in front of the shop. Often, a law which was drafted with one particular situation in mind
will eventually be applied to quite different situations. Screen Reader Compatibility Information Due to the method this document is displayed on
the page, screen readers may not read the content correctly. From Wikipedia, the free encyclopedia. A classic example is the UK Criminal Justice
Act, part of which was originally designed to curb illegal warehouse parties but which was later used to crush demonstrations, often involving
people from very different backgrounds to those attending interpretaion so-called golden rule of statutory interpretation in malaysia. What
remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth? Feel free to visit my site nursing faculty jobs.
Statutes do not operate retrospectively in respect to substantive law as opposed to procedural law 3. I'm starting a blog soon but have no coding
knowledge so I wanted to get advice from someone with experience. It is a very golden rule of statutory interpretation in malaysia rule in the
construction of a statute to adhere to the statutort meaning of the words used, and to the grammatical construction, unless that is at variance with
the intention of the legislature to be collected from the statute itself, or leads to any manifest absurdity or repugnance, in golden rule of statutory
interpretation in malaysia case the language may be varied or modified so as to avoid such inconvenience but no stqtutory. Screen Reader
Compatibility Golden rule of statutory interpretation in malaysia Due to the method this document is displayed on the page, screen readers
may not read the content correctly. Sussex defined literal rule as the word best explain the intention of the lawgiver. The literal rule has been the
dominant approach taken for over years. The Federal court overturned the judgement and held that Section 6 1 of the Sultanate Land Enactment
person can include natural person and artificial person. Do you know if they make any plugins to safeguard against hackers? This page was last
edited on 17 Juneat Also remove everything in this list from your library. However, when this may lead to an irrational result that is unlikely to be
the legislature 's intention, the golden maoaysia dictates that a judge can depart from this meaning. The statute is presumed not to bind the Crown
2. The golden rule allows a judge to depart from a word's normal meaning in order to avoid an absurd result. Twenty years later, Lord
Wensleydale restated the rule in different words in Grey v. Hence, as a corporation, it cannot be "malay" or "subject of the said ruler" since it did
not originate from Pahang. For a better experience, please download the original document and view it in the native application on your computer.
The courts were required to rule on who then inherited the estate: He may not foresee some future possibility, or sttutory a possible
misinterpretation of the original intentions of the legislation.