Statutory Interpretation: Literal Rule, Mischief Rule, and Canons (Transcript-Based Notes)

Literal Rule (Plain Meaning Rule)

Requires giving words their plain, ordinary, natural sense when the language is clear and precise; judges start from this meaning and only look beyond if the result is ambiguous or unjust.

Golden Rule (Modified Literal Rule)

A modification of the Literal Rule, applied when a strict literal interpretation would lead to an absurd, inconsistent, or repugnant result, allowing courts to depart from the strict meaning to avoid absurdity while adhering as closely as possible to the original wording.

Mischief Rule

Asks judges to identify the problem or 'mischief' that the old law was intended to remedy and then interpret the statute to best 'suppress' that mischief and give effect to the remedy.

Generis Rule (Ejusdem Generis Rule)

When general words follow specific words in a statute, the general words should be restricted to things within the same class as the specific words mentioned.

Contra Proferentem

A document-driven principle where contracts and other instruments are interpreted against the party who drafted the document, resolving ambiguities in favor of the non-drafting party.

Blue Pencil Rule

Allows illegal or invalid provisions in a document (contract or statute) to be struck out, leaving the valid and independent parts intact and enforceable.

Locus Classicus

The classic case or authoritative source for a legal principle.

Parliament's Role in Law