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Explain how judges construe legislations and describe how they use the rules of construction.
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BST 20712 CONSTRUCTION CONTRACT Page QS CHU HOI KIN, CAPIO 50393192 1 Question 3 Explain how judges construe legislations and describe how they use the rules of construction. Judges have traditionally recognised three different rules of statutory interpretation: the mischief rule, the literal rule and the golden rule See generally Glanville Williams, Learning the Law (London : Stevens 11th edn) and Wesley-Smith (note 18 above). The Mischief Rule refers to the legal position before the statute was passed and the mischief that the statute was intended to cure. The statute is then construed in such a way as to suppress the mischief and to advance the remedy. The Literal Rule applies words of a statute in their natural and ordinary sense with nothing added and nothing taken away, even if an inexpedient, unjust or immoral outcome occurs, i.e. the court can neither extend the statute to a casus omissus [an omitted case which...
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