In interpreting statutes, the courts rely significantly on rules of interpretation.

Required:

Explain the following rules of interpretations:

i) Golden rule (2 marks)
ii) Mischief rule (2 marks)
iii) Eiusdem generis rule (2 marks)

i) Golden Rule: The golden rule is a moral principle which denotes that one should treat others the way they want to be treated, namely that if you want people to treat you with respect, you should treat them with respect too. This is the positive/directive form of the rule.

The negative/prohibitive form (silver rule) of the rule states that you should not treat others in ways you would not want to be treated yourself, namely that if you do not want people to say mean things to you, then you should not say mean things to them.

The empathic/responsive form of the rule provides that when you wish something upon others, you should also wish it upon yourself, namely that if you wish ill toward someone else, then you are also wishing ill toward yourself.

ii) Mischief Rule: The mischief rule is used to determine the exact scope of the “mischief” that the statute in question has set out to remedy, and to guide the court in ruling in a manner which will “suppress the mischief and advance the remedy.” The rule considers not only the exact wording of the statute but also the legislators’ intention in enacting it. In applying the rule, the court is essentially asking whether parliament in enacting the statute intended to rectify a particular mischief, even though it might not be covered by a literal reading of the statute’s wording, namely that if a law prohibits a particular behavior “in the street,” the legislators might or might not have intended the same behavior on a first-floor balcony overlooking the roadway to be covered.

iii) Eiusdem Generis Rule: The eiusdem generis rule simply put is: where in a statute or document there are general words following particular and specific words, the general word or words must have their meaning restricted or confined to the meaning as conveyed by the specific words. Thus, where the expression like, “hats, underwear, overcoat, gown, shoes, shirts, tie or any other thing,” the general words “any other thing” following those specifics cannot be given their natural meaning as any material or thing but must be construed as restricted to things such as clothing, which is the class or genus suggested by the specific words.

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