Pros And Disadvantages Of Statutory Propretation Of The Law

1748 Words7 Pages
Statutory interpretation is the process at which the court interprets and analyzes law. There are rules following this judicial process at which the law is analyzed. The traditional rules involve the literal rule, the golden rule, and the mischief rule.
The Literal Rule
The literal rule is the first rule the judges must apply when deciding a case. It governs and give interpretation to the law. It is the main rule that must be used with the only exception of the language not properly understood or leading to no intelligible result then other rules can be used. For example in Mrs Hiralal Ratanlal v STO, AIR 1973 the court noted that:
In interpreting a statue, the first and foremost rule in interpreting is the literal rule. All the court has to know, is what does the law says? But if the law is clear and if the legislative intent is
…show more content…
The advantages include;
• It avoids absurd result; like in the case of Adler v George
• It aids in the prevalence of justice; as seen in Re Sigsworth case
The disadvantage include;
• It leads to the judges performing the duty of a legislator if caution is not taken; like in the cases that have be seen, the court had to give a secondary meaning to the literal meaning and if caution is not taken, they would be performing the duty of a legislator.
• No real means of testing absurdity; “... Provides no clear means to test the existence of the characteristics of absurdity, inconsistency or inconvenience, or to measure their quality or extent...” (bitoflaw , 2003)
Mischief Rule
This rule is more like a principle it allows the court interpret the statute according to what the law was before the Act was passed.
Four principles were given in Heydon’s case (1584) for the court to follow and they are;
• What was the common law before the making of the
Open Document