Question

if courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rule etc) then which interpretation should be chosen ? the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ?

Answer 1

Courts should choose an interpretation that aligns with the purposes of the lawmakers/drafters, prioritizing legislative intent and overall goals of the law.

Step-by-step explanation:

When it comes to choosing an interpretation, courts aim to apply rules of interpretation that are in alignment with the purposes of the lawmakers/drafters. The purpose is to understand and give effect to the intention of the lawmakers when the law was created. This means that the interpretation should prioritize the legislative intent and the overall goals of the law.

While interpretations that favor the accused or the victim may be considered in some cases, the primary focus is on the intentions of the lawmakers. The golden rule, mischief rule, and purposive rule are tools used by courts to attain a fair and just outcome while keeping the lawmakers' purpose in mind.