To reduce the entire system of principles to a form that accords with the present state of other sciences. The proper construction of a statute is a question of law. The golden rule of construction of statues was recognized as a very useful rule and applied in the interpretation of. As stated by salmond, by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it. Interpretation of taxing statute as strict construction and exemptions. 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 caselaws relating to the interpretation of statutes. The process of statute making and the process of interpretation of statutes are two distinct activities. The paper is a critique of the golden rule of interpretation along with relevant case laws.
Chapter xi principles of interpretation of statutes rules of interpretation generally t h e. Legal language is, in part, the language that is used by the legislature to communicate with the people. Statutory interpretation is the process of interpreting and applying legislation to decide cases. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf.
These principles are sometimes called rules of interpretation. Gp singh interpretation of statutes pdf printer bitbin. Voltaire expressed the view that to interpret the law is to corrupt it. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Theories, tools, and trends congressional research service summary in the tripartite structure of the u. No tax can be levied and collected except according to the authority of law. Secondly, the growth in the size and importance of the laws made by and under parliament has also led to changes in the rules applicable in australia to the performance of statutory construction.
Interpretation is necessary when case involves suble or ambiguous aspects of a statute. General rules of interpretation of the constitution. Interpretation of taxing statute as strict construction. Case law the literal and the contextual approaches the judgment in bloom v. Legislation there was no legislation of importance affecting this branch of the law during 1965. The principle of legality can be seen as an example of the application of common law principles, and fundamental rights as. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Interpretation of statutes is a craft rather than a science. It can only rule on the legislation as it standseven if it is in the process of.
Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. Generally, the words of a statute have a plain and straightforward meaning. Chapter xi principles of interpretation of statutes r u l e s of interpretation generally the interpretation of laws is confined to courts of law. Since it is written in the form of a statute, the general principles of statutory interpretation are applicable to interpretation of the constitution as well. The normal way of interpreting or construing a statute is to seek the intention of legislature. Statute generally means the law or the act of the legislature authority. Mar 12, 2018 it is to be understood according to the intent of its maker, with the guidance furnished by the accepted principles of interpretation. When lawyers and judges interpret statutes, regulations, contracts, wills, they are normally trying to determine what legal obligations there are. This site is like a library, use search box in the widget to get ebook that you want.
Download interpretation of statutes and principles of legislation book pdf for 2nd year students. 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. To approach every law by a process of induction, so that the reader cannot fail to discern its value and to learn the method of its application. As is the case with any other statute, the court tries to find out the intention of the framers of the constitution from the words used by them. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Interpretation of statutes pdf notes, ebook for law llb. A guide to reading, interpreting and applying statutes. These are the general approaches to interpretation of statutes. This chapter clarifies some of the most significant postulates of orthodox constitutional theory in canada because canadian lawyers, judges, constitutional law professors, and other scholars do not, in general, express and rigorously state their own theoretical framework, my analysis does not describe a set of empirical facts that are present in legal materials. It may also be understood as the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation. I have shared brief and tothe point notes that will help you revise this subject in quick time. 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. Statute includes ordinance, order, bye laws, rules, regulations and notifications. The legislature makes the laws while the judges of the law courts apply or interpret the laws.
Discuss the rules of statutary interpretation with the. Principles of statutory interpretation emily wendel legislative service commission emily wendel has served as an attorney with the legislative service commission since 2011. Principles relating to the interpretation of statutes and constitutions overview in this unit we will introduce some of the principles relating to statutes. Basic principles of statutory interpretation of law. We read the statute as a whole to ensure that no word, clause, sentence or phrase. A statute creating a criminal offense whose elements are similar to those of a common law crime will be presumed to require a culpable state of mind mens rea in its commission general intent. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Acropdf a quality pdf writer and pdf converter to create pdf. Principles of harmonious construction must be applied. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. She works primarily in the areas of elections, ethics, and constitutional issues as part of the state and local government division of lscs research staff. A statute is an edict of the legislature and the conventional way of interpreting or construing a statute is to seek the intention of its maker.
Interpretation is art of finding true sense of words expressed in statute construction is drawing conclusion that is beyond the direct. The interpretation of statutes is one of the most important subject usually taught in law. It is said that it seems wrong to parcel the constitution as if it were a finance act. There is fiscal legislation every year much of it prepared in great secrecy and under server pressured of time, and it. To construe andor interpret a statute the whole of the statute. Interpretation of statutes and principles of legislation book pdf. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. The exercise of the judicial power of the united states often requires that courts construe statutes to apply them in particular cases and. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. 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. It is process of application of mind also called law, act, enactment. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. The 10 principles of biblical interpretation there are certain principles that will help us to accurately handle the word of truth.
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. The elementary rule states that the intention of the legislature must be found by reading the statute as a whole. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. If the words are clear and unambiguous, they must be given the full effect.
Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Principles of interpretation as recognized generally by biblical scholars, treated as a science, derived inductively from an exegesis of many passages of scripture. Law students may consider interpretation of statutes boring, confusing and instantly forgettable, but the legislation and government gazettes and green papers will still be waiting out there, and the principles, rules and. Preliminary steps there are three important preliminary steps you should take before attempting to interpret a given statute. The bible interprets itself scripture interprets scripture. The meaning of an ordinary word of the english language is not a question of law. This paper consists of three components, namely jurisprudence, interpretation and general laws. 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. Dec 23, 2017 1 the law commission and the scottish law commission, the interpretation of statute, law com. While interpreting a statute attempt should be made to suppress the mischief and advance the justice. Click download or read online button to get principles of legal interpretation of statutes contracts and wills book now.
As stated by salmond, by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which. This process is commonly adopted by the courts for determining the exact intention of the legislature. Principles of constitutional interpretation legal bites. Legal interpretation in south africa refers to the juridical understanding of south african legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Interpretation of statutes download ebook pdf, epub, tuebl. At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the court in interpreting it will have any need for the rules of interpretation of statutes. Most settled principle of interpretation is that the court must deduce the intention of the parliament from the words used in the act. On the other hand if it would be more than a matter of procedure and it touches a right in existence at the passing of the act, the legislation would not operate. The principles governing the interpretation of a statute by a court in a common law setting are, by definition, common law principles and will evolve over time. Statutes principles of statutory interpretation a courts primary goal in interpreting statutes is always to discern the legislative purpose. It is to be understood according to the intent of its maker, with the guidance furnished by the accepted principles of interpretation.
Following are the rules of the interpretation of statues. Principles of legal interpretation of statutes contracts and. Treaties are negotiated and entered into at a political level and have several considerations as their bases. Interpretation is the method by which the true sense or the meaning of the word is understood. Principles of legal interpretation of statutes contracts. Aug, 2018 the object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. This work provides a comprehensive guide to the interpretation of statutes in south african law. Interpretation of statutes is the correct understanding of the law. Legislation is drawn up with these principles in mind.
The former is the art of finding out the true sense of any form of words, which also means the sense that the author intends to convey. The law is conceived as a normative order whose function, purpose, and subject is to determine the rights, the obligations or duties, and the powers of each individual, and to distribute the. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to. The study of law in jurisprudence is not about any particular statute or a rule but of law in general, its concepts, its principles and the philosophies underpinning it. The letters of the constitution are fairly static and not very easy to change but the laws enacted by the legislature reflect. The aids for interpretation may be divided into two categories, namely, internal and external. Free interpretation is that which departs from the letter of the law and seeks elsewhere for some other and more satisfactory evidence of the true intention of the legislature. All statutory offenses imposing substantial punishment will be presumed to require at least awareness of committing the act.
In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The object of interpretation of statutes is to determine the intention of the legislature conveyed. Factors which have influenced the shift in the mode of statutory interpretation are. English is the official language for minutes, official correspondence and announcements. English, spanish, french and german are the official languages of fifa. The paragraph of this case cited in this work is from pdf of the judgement available. These keys may be termed as aids for interpretation and principles of interpretation. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep.
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. Interpretation of statutes download ebook pdf, epub. Interpretation of statutes and principles of legislation. The discussion is for the most part applicable to the interpretation of private law instruments as well. It is essential to determine the relative claims of the letter and spirit legislative intent and object of statute of enacted law. Mar, 2018 interpretation differs from construction, however.
Principles of constitutional interpretation of list. Pdf interpretation of statutes download read online free. These rules each take different approaches to interpretation of a statute. Rules of interpretation which govern the tax laws are being dealt in this series of articles. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. However, these principles may not be appropriate to constitutional interpretation, which by its nature tends to lay down general principles. The object of interpreting a statute is to ascertain the intention of the legislature enacting it, south asia industries pvt. Every analysis begins with asking whether the relevant statutory scheme evinces a plain meaning. The rule of law as justice postulates a conception of law in which the fundamental characteristic of its constitutive principles is to promote justice. To make the work valuable for its interpretation of. Theories of legislation and statutory interpretation. Each of the sections below addresses the tools of statutory interpretation and identifies. General principles of interpretation of statutes 1965 annual. The literal interpretation principle we take the bible at.
Domestic law principles adopted in interpretation of treaties are not the same as those in interpretation of statutory legislation. For decades, lawyers have debated the proper scope of this hypothetical law. In analyzing a statutes text, the court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner.
Law notes on principles of constitutional interpretation. Explanation statutory interpretation refers to both the process or activity of interpreting statutes and to the law the body of rules and principles that regulate the way statutes are interpreted. Broadly speaking there are three means by which and through which south african scholars and jurists construe their countrys statutory law. Mar 31, 2017 it is important to note that the constitution itself endorses the general principles of interpretation through article 3671, which states that unless the context otherwise requires, the general clauses act, 1897 shall apply for the interpretation of this constitution as it applies to the interpretation of an act of the legislature. The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute. Click download or read online button to get interpretation of statutes book now. The constitution must be interpreted in a broad and literal sense. The subject of the interpretation of statues or acts is very wide. 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.
The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Interpretation thus is a familiar process of considerable significance. The difference between the two main approaches to statutory interpretation in sa can largely be reduced to the respective views on the relationship between the text and the context of legislation. A teaching tool concept keypoints explanation statutory interpretation refers to both the process or activity of interpreting statutes and to the law the body of rules and principles that regulate the way statutes are interpreted.
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