It is the application of legislation and interpretation of courts when a statute involved. Thus, Interpretation is the process which is employed by the judiciary to ascertain or to determine the meaning of the statutes or legal provision. To elaborate the meaning of statutes the Judges various techniques and methods of statutory . The penal statute which tends to deprive a person of right to life and liberty has to be given strict interpretation or else many innocent might become victims of discretionary decision making. A statute is a composed law gone by a council on the state or government level. Definition of Interpretation of Law . Since It Is A Research-Oriented Subject, An In-Depth Study Is Necessary For Its Thorough Understanding. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. A Rule is a uniform or established course of things. Construction meaning In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. Read time: 14 min By Ankita Singh, RMLNLU INTRODUCTION The legislation can lay down legal definition of its own language, if such bodies are embodied in the code itself, it becomes binding on the courts. The Major canons of interpretation are: 1. However, the sources used are only limited to inspect the written text and clarify the written text or statutes. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. This paper was laid before Parliament in response to a legislative requirement. According to Salmond, "Interpretation" is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. It is a ready-to-use gist for law students and the primary objective of this gist is to enable the reader to understand the in-depths of the subject and to provide exam oriented information. What is interpretation? Objective of Interpretation. Statutory interpretation is the process by which a court looks at a statute and determines what it means. Abstract. Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation.Although sometimes the words of a statute may have a plain meaning; in many cases there is some ambiguity in the words of the statute that must be resolved by the judge.To find the true meanings of statutes, judges use various . Insofar as taxation statutes are concerned, Article [] It is the principles developed by courts for interpreting statutes. "INTERPRETATION OF STATUTES". To achieve the ultimate aim of Statutory Interpretation there are several internal and external guided rules. Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the Case, placed before it by the parties to the Case. Interpretation involves the Act of discovering the true meaning of the language that is used in the statue. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. A statute may preclude a specific demonstration, coordinate a specific demonstration, make an assertion, or put forward administrative systems to help society. The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. The term/ phrase "Interpretation of Statute" is union of two terms Interpretation and Statute. These rules are more an approach because judges have to use good judgement when interpreting the legislation. Statutory interpretation is the act or process of interpreting and applying legislation. Secondary Rules of Interpretation. It is the process of determining the true meaning of . The mischief rule of statutory interpretation is the oldest of the rules. Law Commission website. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j Interpretation is an important aspect of the practice of law. There are three rules of interpretation of statutes- Literal, Golden and Mischief. Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. Interpretation of statute is an exercise by the courts to determine intention of parliament as expressed in the words of a statute. The most important threat for court while interpreting statute in to find the "intention of the legislature. The word 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or expound or to understand or translate. Interpretation has very important role in justice administration in the sense that . There are three rules of interpretation of statutes- Literal, Golden and Mischief. statutary interpretation with the. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Technical language will be explained clearly and in-text citation will be used as appropriate accompanied by a complete reference list in Harvard style. Justice G.P Singh marked the importance of interpretation of statutes. Case law applies and interprets relevant statutes for the applicable jurisdiction. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application. What The Interpretation of Statutes Is All About The interpretation of statutes is very essential to the administration of justice. The Statutory Interpretation as defined by Justice Kirby, that construction of statute is the single most important aspect of legal and Judicial system. Literal Rule The starting point where the courts are interpreting legislation is in the statute natural meaning, the Literal rule. Salmond defines the interpretation of statutes as "interpretation or construction is the process by which the courts seek to ascertain the meaning of the legislation through the medium of the authoritative form in which it is expressed." Scope and need for Interpretation Sometimes the words of a statute have a plain and straightforward meaning. statute interpretation everything important to know about it. Court system has established a broad and comprehensive framework of laws over decades to instruct themselves in the formation or application of laws. Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Statutory interpretation is the process of interpreting and applying legislation to decide cases. Knowledge Of The Basic Laws Is An Essential Requirement For The Study Of Interpretation Of Statutes. The term interpretation is taken from the Latin term "Interpretari" which literally means to explain, understand or translate In simple words, interpretation is the process to explain or translating any law or text which is in written form. In terms of language, the definition of interpretation should be broader: rendering a spoken or signed message into another spoken or signed language, preserving the register and meaning of . Through interpretation, we come to know the normative message of a text. Hence, interpretation is deemed necessary. A jurisdiction in this context is the relevant geographical area of legal authority, such as a specific state . Interpretation is used to discover the true meaning of the law and language used in the law or statute. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Interpretation of statutes is the understanding of the language of a statute in the most appropriate form. Details This document contains the following information: The interpretation of statutes. Meaning Of Interpretation Of Statutes The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. The word interpretation is derived from the Latin word "interpretari", which means to explicate, explain, know, or decode the language. Based on the Compilation made by Eric B. Appleby (2007): Introduction and the modern principle The leading Canadian text on the interpretation of statutes is Sullivan and Driedger on the Construction of Statutes. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. Interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. In course of developing arguments, courts may . Interpretation in law is a rational process by which we understand a text. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. The subject of Interpretation of Statutes is a fundamental to the understanding of the law. I have seen that the students have always felt a need for clarifying two . They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. Elmer Driedger in the first edition of his text, in 1974, stated what he [] Rate this post It is, therefore, necessary to interpret the statute to . The Primary rules for statutory interpretation include; Literal/Plain Meaning Rule, the Golden rule, the Mischief Rule/The Heydon's case Rule, and the Purposive/teleological approach rule. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Throughout, your work will be well structured and expressed. Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes. In statute include all type of law's provision i-e Section, Article, Order and Rules etc. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. A. Statutory Text a. Statutory Definitions Interpretation of Statutes Notes Summary ( Journal) Week 1 Statutes - A written law which is passed, enforced or codified by a legislative body that governs the legal sanctity What is Interpretation of statutes & why we need it ?-Interpretation meaning to explain, reformed, not have synonyms the legal sanctity for clarity and better understanding-Because there is ambiguity, confusion or . Interpretation is said to be the art of knowing the real law and there are certain rules of interpretation that need to be taken . Salmond defines interpretation "Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed." Kinds of Interpretation of Law. The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly. A Statute is an edict of the Legislature and it must be construed "to the intent of them who make it" and "duty of the judicature is to act upon the true intention of the Legislature- the mens or sententia legis." Need For Interpretation In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary: 1. 2) What are Types of Statutes. application of the various rules and approaches to statutory interpretation. Interpretation is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. An Aid, on the other hand is a device that helps or assists. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. Internal Aids Although legislature makes the Statute, it may be open to interpretation and have ambiguities. what is interpretation of statutes quora. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. cpjcollege Follow Advertisement Recommended interpretation of statutes Anjani Kumar Pandey 7118910 interpretation-of-statutes Aditya Singh CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION The interpretation of statutes is a complex area of law and also an essential one. The parliament cannot judge cases on an individual basis so their general intent on what the law should be is passed through a form of . Nnamani JSC in the case of Bronik Motors ltd v Wema Bank held that "It is indeed one of the first rules of interpretation of statutes that words must be given their ordinary . The mischief rule was established in Heydon's Case in 1584. Parliament makes laws and it is the duty of the courts to faithfully interpret the law and give effect to the intention of the legislature except where the provision in question is ultra vires the a statutory . So what the interpreter really has to do, is to turn to history to show what facts existed to bring about a statute. List of key topics covered in Interpretation of Statutes PDF Notes, eBook for Law LLB Students: There are two kinds of interpretation, Rules of Interpretation. DISTINCTION: (e.g. In the complex area of Interpretation, recourse can be had to the Rules and Aids of Statutory Interpretation. The "whole act" rule of statutory interpretation guides you to use consistent definitions of a word or phrase throughout the text. 'Statute' in 'the Interpretation of statutes' refers to the statutory laws made by the legislature that is the parliament or the state legislatures. Like other parts of the law, what we call "the law of interpretation" has a claim to guide the actions of judges, officials . the law of interpretation harvard law review. Statutes put forward general recommendations of law that courts apply to particular circumstances. The word 'statutory interpretation' is a word that we automatically connect with the legal field of studies. The court is to consider the purpose of the legislation, its context, and all relevant evidence of legislative intent. Statutory Interpretation is the action through which the courts apply and interpret the legislation as some sum of Interpretation is necessary when there is a statute in a case. While the words used in a statute cannot be "stretched beyond . Interpretation is necessary when case involves suble or ambiguous aspects of a statute. The interpretation of statutes is limited only to courts of law. Meaning of Interpretation of Statutes The term has been derived from the Latin word ' Interpretari" which means to explain, expound, understand, or to translate and to discovering the true meaning of the language which has been vested in the statute this process is commonly adopted in courts for determining the exact meaning of the legislature. Interpretation of statutes is the correct understanding of the law. The entire statute is a whole unit with multiple parts or clauses, all of which work together. An Aid, on the other hand is a device that helps or assists. It is a process that "extracts" the legal meaning of the text from its semantic meaning.13Interpreters translate the "human" language into "legal" lan-guage. The basic definition of interpretation, according to the Webster dictionary is the "action of explaining the meaning of something; the way something is explained or understood.". The interpretation of fiscal legislation is to follow the ordinary rules of statutory interpretation. These words are often a simple description of the law but there are times when the complications of the words can meddle with the judgment . What this entitles one to do, is to look at the situation prior to and during the passing of the Act, in order to interpret an obscure or ambiguous provision. This has been a new initiative from GOODWORD and we hope that it This helps in finding out the intention of the author. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation -- the text, the legislative history, the purpose of the enacting Congress, and the structure of the statute. The doctrine originates in Heydon's case where the Barons of the Exchequer resolved that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: 1. what was the common law before the making of the Act; The very concept of 'interpretation' connotes the introduction of elements which are necessarily extrinsic to the words in the statute. The phrase 'Interpretation' has been derived from the Latin word 'Interpretari' which refers to elucidate, comprehend and construe. A statute is said to be the will of the legislature. section 1 of the interpretation act nb definition the provisions of this act shall apply to the interpretation of every law (as in this act defined) in force, at or after the commencement of this act, in the republic or any portion thereof, and to the interpretation of all by-laws, rules, regulations or order made under the authority of any such This process is commonly adopted by the courts for determining the exact intention of the legislature. It means the art of finding out the true sense of enactment by giving the words of the enactment, their natural and ordinary meaning. Interpretation of statutes is necessary for the following three reasons: The complexity of Statutes: As mentioned earlier, laws are enacted by individuals who are experts in their particular fields and as a result, the provisions might be complex for a layman to understand. The three traditional rules of interpretation are: The Literal rule The Golden rule The Mischief rule. Its main aim is to determine the "mischief and defect" of the statute. This is also referred to as statutory construction. Professor Sunstein suggests that both the conventional understandings of interpretation and the recent critiques are . Despite its importance, it is not taught as a separate subject but only as part of a general legal method, which dwindles the importance of this subject, to say the least. The rules or maxims or concepts that come under this category of rules of interpretation are generally considered as "Secondary" or "Subordinate" principles of interpretation. . Interpretation of statutes has become a significant part of learning the law. These rules tell us what legal materials to read and how to read them. the Legislature behind enacting any particular statute or law. Interpretation of statues to render justice is the . The expression intention of the legislature is a shorthand reference to the meaning of words used by the legislature objectively determined with guidance furnished by the accepted . Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. To achieve a Distinction your work will show..) It is a familiar feature of law and legal practices. Statutory interpretation is the process by which a court looks at a statute and determines what it means. Various sources used are only limited to explore the written text and clarify what exactly has been indicated by the words used in the written text or the statutes. interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. The object behind the adaptation of this process by the Courts is for determining the true and exact intention of the law-making body of the government i.e. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Interpretation is the process of defining, translating, or expounding any text or phrase in a written form. NB: These are merely different approaches to statutory interpretation and they are not binding to the courts. I have shared brief and to-the point notes that will help you revise this subject in quick time. The same context applies to key words or phrases that are used throughout the statute. Interpretation Of Statutes, As A Subject Of Study, Has Evolved From The Basic Substantive And Procedural Laws. In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. But, in certain cases, more than one meaning may be derived from the same word or sentence. the purpose of the legislation or statutory scheme in which the language is found. [6] The term interpretation is defined as the process by which the Courts seek to ascertain the intent of the Legislature through the medium of the authoritative form in which it is expressed. the widespread acceptance that legal interpretation seeks the meaning of a statute or constitutional provision most likely reflects some combination of 1) a lack of clarity about the sense in which the term "meaning" is being used; 2) misunderstandings about what linguistic meaning is; 3) a conflation of a provision's linguistic meaning with its
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