But the experience of all those who have to bear and share the task of application of the law has been different. The following rules of interpretation are not some “special rules” belonging only to Bible study. Some judges prefer one rule, while other judges prefer another. There is no hierarchy of rules to be applied and neither is any court bound to follow a particular THE LITERAL RULE: In this rule, the meaning of the law must be deducible from its face i.e words used in the statute are to be construed in their ordinary, natural or usual grammatical sense regardless … Give an example from case law to illustrate each of the rules. Interpretation of EU Law Hannes Rösler 979 Interpretation of EU Law Hannes Rösler 1. Rather, it is deeply shaped by preexisting legal rules. See U. O. Umozurike, Introduction to International Law, Ibadan: Spectrum Books Limited, 2005, pages 172 to 175; J. As long as there has been law, there has been statutory interpretation. The major principle is—benefit of the doubt to the accused, the burden of proof over prosecution for proving the charge beyond doubt, a person should be considered innocent until proved guilty, etc. They are identical to the rules that we ordinarily employ in our daily interchange of thoughts between any two rational persons. ( Divorce & Remarriage , Minneapolis: Bethany House, 1967) Code of Civil Procedure is such a Procedural Law that contains several sections, orders, and rules. The age-old process of application of the enacted law has led to the formulation of certain rules of interpretation. Interpretation The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the nature of legislation; and (4) general linguistic canons applicable to any piece of English prose. University of Minnesota Law School Scholarship Repository Minnesota Law Review 1959 The International Court: Rules of Treaty Interpretation James F. Hogg Follow this and additional works at:https://scholarship.law.umn.edu/mlr Hence, while interpreting, it must be considered that any specific We argue that legal interpretive rules are conceptually possible The main objective of interpretation is to understand the 127 International Community Law Review 19 (2 17) 126–155 Interpreting The Customary Rules On Interpretation post-VCLT (Vienna Convention on the Law of Treaties), international courts and tribunals have taken in their stride such These rules have been put forward by several authors and jurists to aid the court in resolving the problems faced in the area of interpretation of treaties. It is the legislature which is endowed with the responsibility of law making. Karton found that when the governing law did not fit the arbitrators’ preferred method of The Court went ahead to state the cardinal rule of interpretation of instrument, document or agreement; the words used therein must be given their … It is a process that “extracts” the … In that particular, if the legislature fails As judges are not a part of legislature, this is the oldest of the rules still in use today. It may be mentioned that the Mimansa Rules of Interpretation were our traditional principles of interpretation laid down by Jaimini, whose Sutras were explained by Shabar, Kumarila Bhatta, Prabhakar, etc. II. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. Besides this, the nature of the transactions and the situation also affects the interpretation of those legislation. Stone, ‘Fictional Elements in Treat Interpretation’, 1 Sydney Law review, 1955, page 344. Like other parts of the law, what we call “the law of interpretation” has a claim to guide the actions of judges, officials, and private interpreters — even if it isn’t ideal. They also examine both the choice-of-law rules and the substantive principles of contract construction that arise in disputes over the interpretation of arbitration agreements. It is the process of giving true meaning to the statute. There are certain well-established principles of Penal Law which guide courts from time to time. According to Cross[5]: According to Cross[5]: "Interpretation is the process by which the courts determine the meaning of a statutory provision for … Rules of statutory construction are those laid down at common law and those laid down by statute. To know the normative message of a text see U. O. Umozurike, Introduction to International,... 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