The entire statute is a whole unit with multiple parts or clauses, all of which work together. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Interpretation is used to discover the true meaning of the law and language used in the law or statute. This has been a new initiative from GOODWORD and we hope that it 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. Through interpretation, we come to know the normative message of a text. Interpretation is said to be the art of knowing the real law and there are certain rules of interpretation that need to be taken . While the words used in a statute cannot be "stretched beyond . I have shared brief and to-the point notes that will help you revise this subject in quick time. Rules of Interpretation. Meaning Of Interpretation Of Statutes The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. Knowledge Of The Basic Laws Is An Essential Requirement For The Study Of Interpretation Of Statutes. 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. There are two kinds of interpretation, 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 is the process of explaining, expounding and translating any text or anything in written form. The interpretation of statutes is a complex area of law and also an essential one. Interpretation is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application. "INTERPRETATION OF STATUTES". 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 . A. Statutory Text a. Statutory Definitions There are three rules of interpretation of statutes- Literal, Golden and Mischief. In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. what is interpretation of statutes quora. 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 Interpretation of statute is an exercise by the courts to determine intention of parliament as expressed in the words of a statute. The subject of Interpretation of Statutes is a fundamental to the understanding of the law. The mischief rule was established in Heydon's Case in 1584. statutary interpretation with the. 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 . What The Interpretation of Statutes Is All About The interpretation of statutes is very essential to the administration of justice. Details This document contains the following information: The interpretation of statutes. the law of interpretation harvard law review. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. 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. It is, therefore, necessary to interpret the statute to . 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. But, in certain cases, more than one meaning may be derived from the same word or sentence. A jurisdiction in this context is the relevant geographical area of legal authority, such as a specific state . It is the application of legislation and interpretation of courts when a statute involved. 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. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. NB: These are merely different approaches to statutory interpretation and they are not binding to the courts. To achieve the ultimate aim of Statutory Interpretation there are several internal and external guided rules. Insofar as taxation statutes are concerned, Article [] There are three rules of interpretation of statutes- Literal, Golden and Mischief. Statutory interpretation is the process by which a court looks at a statute and determines what it means. The very concept of 'interpretation' connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Interpretation Of Statutes, As A Subject Of Study, Has Evolved From The Basic Substantive And Procedural Laws. Interpretation of statutes is the understanding of the language of a statute in the most appropriate form. This paper was laid before Parliament in response to a legislative requirement. 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. 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. Abstract. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. 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 . In the complex area of Interpretation, recourse can be had to the Rules and Aids of Statutory Interpretation. 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. cpjcollege Follow Advertisement Recommended interpretation of statutes Anjani Kumar Pandey 7118910 interpretation-of-statutes Aditya Singh CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION application of the various rules and approaches to statutory interpretation. 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. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. I have seen that the students have always felt a need for clarifying two . When the language of the statute is clear, there is no need for the rules of interpretation. 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; It is a familiar feature of law and legal practices. Since It Is A Research-Oriented Subject, An In-Depth Study Is Necessary For Its Thorough Understanding. 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. Construction meaning In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. Technical language will be explained clearly and in-text citation will be used as appropriate accompanied by a complete reference list in Harvard style. The most important threat for court while interpreting statute in to find the "intention of the legislature. The "whole act" rule of statutory interpretation guides you to use consistent definitions of a word or phrase throughout the text. This process is commonly adopted by the courts for determining the exact intention of the legislature. Justice G.P Singh marked the importance of interpretation of statutes. 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 . Hence, interpretation is deemed necessary. These rules are more an approach because judges have to use good judgement when interpreting the legislation. 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 . Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Thus, Interpretation is the process which is employed by the judiciary to ascertain or to determine the meaning of the statutes or legal provision. Statutory interpretation is the act or process of interpreting and applying legislation. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Interpretation has very important role in justice administration in the sense that . The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. A statute is said to be the will of the legislature. 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 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 The interpretation of statutes is limited only to courts of law. 'Statute' in 'the Interpretation of statutes' refers to the statutory laws made by the legislature that is the parliament or the state legislatures. A statute may preclude a specific demonstration, coordinate a specific demonstration, make an assertion, or put forward administrative systems to help society. 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. This helps in finding out the intention of the author. statute interpretation everything important to know about it. These rules tell us what legal materials to read and how to read them. The word interpretation is derived from the Latin word "interpretari", which means to explicate, explain, know, or decode the language. 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. It is the process of determining the true meaning of . The court is to consider the purpose of the legislation, its context, and all relevant evidence of legislative intent. Law Commission website. This basically involves an act of discovering the true meaning of the language which has been used in the statute. The word interpretation is derived from the Latin term 'interpreter' which means to explain or explain or understand or translate and Statute means provision of law. 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. A statute is a composed law gone by a council on the state or government level. In course of developing arguments, courts may . It is the principles developed by courts for interpreting statutes. However, the sources used are only limited to inspect the written text and clarify the written text or statutes. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. 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. . To achieve a Distinction your work will show..) Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Elmer Driedger in the first edition of his text, in 1974, stated what he [] Rate this post For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. DISTINCTION: (e.g. Interpretation of statutes is the correct understanding of the law. Sometimes the words of a statute have a plain and straightforward meaning. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j 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. 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. Its main aim is to determine the "mischief and defect" of the statute.

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