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The most comprehensive coverage on the construction of Statutes. It includes parts of statutes,Extrinsic-Aids,Intrinsic aids, Reading down, Amendments,Repeals,codifications,Quasi-Judicial agencies,Non-obstante clause,Mandatory/Declatory provisions,Tax ,Beneficial, Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance.

Tuesday, May 4, 2010

Chapter-8 basic Approaches to Interpretion pat 14

Basic approaches to interpretation

The interpretive approaches as followed these days are as follows. It may be noted that there is no hard and fast of of classification. The following approaches are not inclusive of all the approaches that may be adopted by the Courts. The approach will depend upon the complexity and the nature of the interpretation.

There are many approaches to the interpretation some times also called as guiding principles or sometimes as cannons. These are as follows;

The major approaches to Statutory Interpretation include the following approaches -

1. The Literal Rule

2. The Liberal Rule ... 1+2 = The Golden Rule

3. The Mischief Rule

4. Contextual approach

5. Modern Rule/Approach

6.Pragmatic Interpretation

6.Soft Plain Meaning approach

7.Purposive approach

The most general of these rules of construction and interpretation are the literal rule, the liberal rule, and the mischief rule. One other approach, as nomenclatured by the Courts is Modern /Approach. Besides the above the other approaches are contextual approach and plain meaning and purposive approaches. One should not get confused with the number of approaches. These are only method of reading the texts of the statutes so as to eliminate ambiguity in the process of interpretation and most of them have not received any tacit or implied approval of various courts. These are not like scientific formulae or the mathematical rules of problem solving. This is not even semantic engineering for it cannot be. The only approach which is closest to the heart of judges is ‘no approach’ i.e. when the text of the statute is clear and does not result in any ambiguity and the next in the ladder stands the Literal approach

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