Interpretation of statutes importance of the words and and or to ensure that justice is made available to all, the judicial system has been evolved in all nations. The interpretation act 1978 provides some terms to be used. You must be an education provider to purchase this book. Buy interpretation of statutes book online at best prices in india on. Interpretation is the method by which the true sense or the meaning of the word is understood. Where greenawalts aim is to provide a conceptual overview of. The chapter situates debate about statutory interpretation as a battle between those who are concerned that judges, especially common law. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Understanding the tools and techniques of statutory interpretation will help you to understand the possible implications a statute may have on your clients interests. The phrase indicates that items not on the list are assumed not to be covered by the statute. Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project. Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. A guide to reading, interpreting and applying statutes.
For decades, lawyers have debated the proper scope of this hypothetical law. Jun 08, 2015 as all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. Treatises on statutory con struction deal both with rules governing the operation of stat. Sometimes the words of a statute have a plain and a straightforward meaning. This process is commonly adopted by the courts for determining the exact intention of the legislature. The paper is a critique of the golden rule of interpretation along with relevant case laws. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Rules of interpretation of tax statutes p a g e 3 49 bombay chartered accountants society bombay chartered accountants society bcas is the oldest voluntary association established over 67 years ago on 6th july 1949 as a nonprofit organisation to serve the profession of chartered accountancy. Does a willingness to broaden the statutory context by consulting extrinsic material mean that the court is advocating a change in the courts function visavis the legislature and the executive. Could include discussing scope and terms of reference with lead government department preconsultation.
In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Pdf interpretation of statutes download read online free. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. Interpretation of statutes importance of subject for understanding the provisions of a statute, knowledge to apply the correct interpretation, is an essential prerequisite. What is the summary of the story bowaon and totoon. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. Interpretation of statutes download ebook pdf, epub. Discuss the rules of statutary interpretation with the. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. What was the common law before the making of the act. What is the object of interpretation of statutes answers. On the interpretation of statutes internet archive. A lady introduce her husbands name with saying by which can stop or move train what is that name.
Interpretation of statutes summary lectures 1 15 studocu. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. Statutory interpretation lecture notes law teacher. Statutory interpretation university of houston law. Interpretation of statutes is the correct understanding of the law. This file may not be suitable for users of assistive technology. This then makes the interpretation of statutes not as simple as one would think. Interpretation thus is a familiar process of considerable significance.
It may have the following particulars short title, long title, preamble, marginal notes, headings of a group of sections or individual sections, definition of interpretation clauses, provisions, illustrations, exceptions and saving clauses, explanations, schedules, punctuation. Pdf the divergence of constitutional and statutory interpretation. Where they are possible of giving one and only one meaning there is no problem. One of them is that words do not usually have static meanings. It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation of all legislation. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. These rules each take different approaches to interpretation of a statute. Statutory interpretation juridical understanding of legislation statutory interpretation deals with the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. Following are the rules of the interpretation of statues. By clicking add to cart, i confirm that i am an education provider. Factors which have influenced the shift in the mode of statutory interpretation are. The supreme court has expressed an interest that congress be.
Legislation or lawmaking is a very high prerogative vested only in the legislature. Statute includes ordinance, order, bye laws, rules, regulations and notifications. Interpretation of penal statutes contempt of court crimes. Welfare, social and beneficial statutes are not to be construed strictly. Sarjoo prasad v state of uttar pradesh the appellant who was an employee in a shop was convicted under the prevention of food adulteration act 1954 for having sold adulterated food. The meaning of an ordinary word of the english language is not a question of law. This is a compilation of notes and lectures on the subject titled interpretation of statutes. Statutory interpretation is the process of interpreting and applying legislation to decide cases. Get juctice g p singh principles of statutory interpretation pdf file for free from our online library. Which one of the following statements is correct regarding interpretation of statutes a a statute has been defined as an advice of the legislature to people to do or not to do something b consolidating statute means a statute which consolidates several previous statutes relating to the same subject matter, with or without alteration of.
Some may be plain and have a straightforward meaning and some may be ambiguous and vague. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. The law commission and the scottish law commission law com. This video contains jurisprudence, interpretation and general laws interpretation of statutes part1 of cs executive new syllabus 2018. The rules of statutory exegesis are intended as aids in resolving any doubts as to the legislatures true intention. Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative provisions to be applied in practical situations. Although legislature makes the statute, it may be open to interpretation and have ambiguities. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. This is one of the rules used in interpretation of statutes.
To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Statute of the international court of justice article 1 international court of justice established by the charter of the united nations as the principal judicial organ of the united nations shall be constituted and shall function in accordance with the provisions of the present statute. Interpretation of statutes is a very important issue which is not made easy due to varying factors. The illustrations cannot be used either to cut down or extend the scope of the section. But even so, the fundamental rule of construction is the same for all statutes, whether fiscal or otherwise. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. The underlying principle is that the meaning and intention of a statute must be collected from the plain and unambiguous expression used therein rather than from any notions.
Statute interpretation research by qaiser javed mian llb,llmu. Texas supreme court recognized that its job of interpretation can have a dramatic impact on what a statute ultimately means. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas non statutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by case laws relating to the interpretation of statutes. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. Carneades argumentation system is applied in a case analysis. Where this intention is proclaimed in clear terms expressly or by necessary implication the assistance of these rules need not be sought. Ios 2601 multiple choice questions compiled by courtney engelbrecht the chronological categories of legislation are based on dates and historical facts. Preliminary steps there are three important preliminary steps you should take before attempting to interpret a given statute.
General principles and recent trends congressional research service summary the exercise of the judicial power of the united states often requires that courts construe statutes. Generally, the words of a statute have a plain and straightforward meaning. Important maxims related to interpretation of statutes. Click download or read online button to get interpretation of statutes book now. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning. Meaning and classification of statutes interpretation of. The subject of the interpretation of statues or acts is very wide. It is a readytouse gist for law students and the primary objective of this gist is to enable the reader to understand the indepths of the subject and to provide exam oriented information. This site is like a library, use search box in the widget to get ebook that you want. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. In many statutes, especially, penal statutes, enacted in the olden times, it is the practice of the legislature to give illustrations. Read and download pdf ebook juctice g p singh principles of statutory interpretation at online ebook library.
Promulgation and commencement of laws and publication of certain notices when publication of the gazette impracticable 17. The proper construction of a statute is a question of law. Severability canon if a particular clause or provision of a statute is unconstitutional, the remainder of the statute survives if the court can sever the unconstitutional provision. Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. Interpretation of statutes and principles of legislation. When judges are interpreting statutes their aim is to give meaning to a disputed point of legislation as to show what parliament appears to have intended called interpretation. Chapter 9 interpretation of statutes and ordinances. List of certain proclamations and notices to be submitted to parliament and provincial legislatures part ii special provisions applicable only to the province of the cape of interpretation act 33 of 1957 page 1 of 12. Chapter 1 introdution to interpretation of statutes. This work provides a comprehensive guide to the interpretation of statutes in south african law. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Statutory interpretation is the process by which courts interpret and apply legislation. Maxwell on the interpretation of statutes by langan, p.
Headings and title of a chapter importance in interpretation of statutes a statute is a will of legislature conveyed in the form of text. External aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc. This article thus reframes the theory of statutory and constitutional interpretation, distinguishing purely linguistic questions from legal questions to which language. External aids to construction of statutes when internal aids are not adequate, court has to take recourse to external aids. The two main theories of statutory interpretation purposivism and textualismdisagree about how judges can best adhere to this ideal of. He argued that since he did not know that the food sold by him was adulterated, he could not be convicted under section 16 of the act because the enactment being a penal statute. Interpretation of statutes and principles of legislation book pdf. The legislature makes the laws while the judges of the law courts apply or interpret the laws. Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. Students preparing for examinations should also refer to this book. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas non statutory aids are illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by case laws relating to the interpretation of statutes. Apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution, in particular s1founding provision, s 2 the supremacy clause, s 7 the obligation.
It is process of application of mind also called law, act, enactment. Interpretation of statutes this article discusses the importance of the words and and or used in various statutes and the technique of interpretation to be applied to them to ensure that manifest intent of the legislature is given effect. The exercise of the judicial power of the united states often requires that courts construe statutes so enacted to apply them in concrete cases and controversies. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. Statutes imposing taxes or monetary burdens are to strictly construed. The logic behind this principle is that imposition of taxes is also a kind of imposition of penalty which can only be imposed if the language of the statute unequivocally says so. Introduction statute generally means the law or the act of the legislature authority.
When something is mentioned expressly in a statute it leads to the. The object of interpretation of statutes is to determine the intention of. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation but where it is not that clear internal aid of interpretation can be very resourceful. The maxim a verbis legis non est recedendum means that you must not vary the words of the statute while interpreting it. The conventional way of interpreting or construing a statute is to seek intention of legislature. Interpretation of statutes is a craft rather than a science.
More often than not the statutes contain statement of objects and reasons and also a preamble both of which provide guidelines for interpreting the true meaning of the words and expressions used in the statute. One of the reasons for the dismal state of statutory. Mar 26, 2017 expressio unius est exclusio alterius is a latin phrase that means express mention of one thing excludes all others. Crabbe describes the distinction between interpretation and. Some amount of interpretation is often necessary when a case involves a statute. Interpretation of statutes and ordinances 91 introduction the purpose of this chapter is to provide some general guidance to county officers and employees regarding the interpretation of statutes and ordinances. Bennion, statutory interpretation, doc no 1990 002 082 longman, isbn 0 85121 580 7 at 84. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. Interpretation of statutes basic knowledge llb notes.
It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation. Statutory interpretation and have a direct impact on the drafting of legislation because as stated by lord simon of glaisdale, 6 f. How judges read the statute laws of parliament role of the courts. The process of statute making and the process of interpretation of statutes are two distinct activities. On the interpretation of statutes by peter benson maxwell. Statutes and rules texts valid as from april 2017 table of contents statutes of the interparliamentary union 1 rules of the assembly 12 rules of the governing council 21 rules of the executive committee 30 rules of the standing committees 36 rules of the forum of women parliamentarians 46 rules of the bureau of women parliamentarians 56. True a distinction is made between original and subordinate legislation, but the distinction does not affect the application of the rules of statutory interpretation. Nov, 2015 but where there is no such meaning applied, usually in case where the statutes and the constitution are amended and the definitions of words used therein are not amended, it renders those words completely useless as the words they cannot be applied to the provisions since they are not in consonance with other provisions or the constitution. Interpretation is the process of discovering the true meaning of the language used in a statute. Interpretation of statutes interpretation of statutes pdf interpretation of statutes book british statutes applicable to india texas family statutes annotated ohio ethics law and related statutes selections for contracts 2016 edition selected statutes selected federal taxation statutes and regulations 2019 a 50state report on unfair and. The two main theories of statutory interpretation purposivism and textualism disagree about how judges can best adhere to this ideal of. The interpretation of statutes is one of the most important subject usually taught in law. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication.
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