It is, thus, evident that no invariable rule can be established for literal interpretation. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Whether the rule of ejusdem generis should be applied or not to a particular provision depends upon the purpose and object of the provision which is intended to be achieved. “It is known by its associates”. "[10], None of the original treaties establishing the European Union mention protection for fundamental rights. Such a construction has the merit of avoiding any inconsistency or repugnancy either within a section or between a section and other parts of the statute. 1955 S.C. 830). But this rule will not apply: (i) when the context excluded that principle. It is a corollary to the general rule of literal construction that nothing is to be added to or taken from a statute unless there are adequate grounds to justify the inference that the legislature intended something which it omitted to express. [14], The concept of legal certainty is recognised one of the general principles of European Union law by the European Court of Justice since the 1960s. Ejusdem Generis, literally means “of the same kind or species”. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful. 266 40 Unabbreviated meaning of the acronym "gp". (c) Rule of Reasonable Construction i.e. A statute must be read as a whole and one provision of the Act should be construed with reference to other provisions in the same Act so as to make a consistent enactment of the whole statute. [3], In practice the European Court of Justice has applied general principles to all aspects of European Union law. Although judges are unlikely to propound formally in their judgements the four questions in Heydon’s Case, consideration of the “mischief” or “object” of the enactment is common and will often provide the solution to a problem of interpretation. 0000097682 00000 n (a) The Primary Rule : Literal Construction. (adsbygoogle = window.adsbygoogle || []).push({}); At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the Court in interpreting it will have any need for the rules of interpretation of statutes. Sometimes a Court discusses all the three approaches. 0000011004 00000 n [13] In effect, after the Lisbon Treaty, the Charter and the convention now co-exist under European Union law, though the former is enforced by the European Court of Justice in relation to European Union measures, and the latter by the European Court of Human Rights in relation to measures by member states. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. 0000000016 00000 n It was not envisaged for European Union measures, that is legislative and administrative actions by European Union institutions, to be subject to human rights. 0000065748 00000 n How long does it take for Cheque/ DD payments to get updated in MCA21 system? (iii) where it would cause injustice or absurdity. The adjective ‘general’ indicates that they are principles which are applied generally in all cases of the same kind which arise in international law. The general concept of proportionality has since been further developed, notably in R v Minister of Agriculture, Fisheries and Food ex parte Fedesa [1990] ECR 1–4023 Case C-331/88 in which a European directive prohibiting the use of certain hormonal substances in livestock farming was challenged. The same words bear the same meaning in the same statute. The general principles of European Union law are rules of law which a European Union judge, sitting for example in the European Court of Justice, has to find and apply but not create. (4) A general term follows the enumeration, (5) There is a distinct genus which comprises more than one species, and, (6) There is no clearly manifested intent that the general term be given a broader meaning that the doctrine requires. According to the misuse of power test a decision by a European Union institution is only a misuse of power if "it appears, on the basis of objective, relevant and consistent evidence, to have been adopted with the exclusive or main purpose of achieving end other than those stated." It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from its preceding and succeeding words. Competition creates incentives for businesses to earn customer loyalty by offering quality goods at reasonable prices. “Although the literal rule is the one most frequently referred to in express terms, the Courts treat all three (viz., the literal rule, the golden rule and the mischief rule) as valid and refer to them as occasion demands, but do not assign any reasons for choosing one rather than another.

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