The two main theories of statutory interpretation purposivism and textualismdisagree about how judges can best adhere to this ideal of legislative supremacy. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Interpretation must be as near possible to the intention or purpose of framer s as the law would permit. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in mind in read more.
Lawyers and judges in the united states and some other jurisdictions interpret statutes on a regular basis. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. Interpretation of law, definition and kinds, literal. It is the general rule of interpretation that judges are not at liberty to add to or to take from or modify the letters of the law. It is extremely important and infact necessary also that the courts interpret the law in such a manner that ensures access to justice to the maximum. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. 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. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication.
This is also referred to as statutory construction. This then makes the interpretation of statutes not as simple as one would think. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. A rule is a uniform or established course of things. To avoid the miscarriage of justice which could be the case if statutes are wrongly interpreted. There exist two types of statutes temporary and perpetual. The subject of the interpretation of statues or acts is very wide. Difference between interpretation and construction. Thus, in a very real sense, the courts may be regarded as a part of the legislative process. Common law is comprised of the guidelines that are set forth from case law rather than actual legislature.
Sometimes the words of a statute have a plain and straightforward meaning. But according to cooley interpretation differs from construction. Rather, it is deeply shaped by preexisting legal rules. The phrase indicates that items not on the list are assumed not to be covered by the statute. Those statutes which require the doing of an act in a certain manner or form and the nonobservance is. It is for the court to see whether a particular case falls within the broad principles of law enacted by the legislature. Interpretation of statutes is about understanding enacted lawtexts, that is, making sense of the legislative scheme applicable to the situation at hand. In civil law judicial systems, the courts have very little authority to interpret.
In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. This lecture covers the topics the classification of statutes. Statutes are laws that have been written and passed by the legislative body within a jurisdiction. This has been a new initiative from goodword and we hope that it. Such case law represents all previous decisions made by judges according to the cases that came before them, which then act as a basis for judicial interpretation. This is one of the rules used in interpretation of statutes. Types of statute law of interpretation of statutes srd.
Interpretation and construction have been used interchangeably. Through the interpretation of such legislation, the courts often may either restrict or extend its application. 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. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. The principles of interpretation of statutes are important because an act of parliamentlegislature cannot foresee all types of situations and all types of consequences. Presumptionin enactment of a consolidating act, the presumption is that the parliament is intended to alter the existing law. Introduction the interpretation of laws is confined to courts of law.
For the purpose of construction or interpretation, the court has to take recourse to. And they are required not to look beyond the language of the law. The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Some amount of interpretation of the statutes is often necessary by the courts, as also by the counsel of the parties. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of s. One of them is that words do not usually have static meanings. The statutes and common law provide several rules that guide the courts when they interpret a statute. The classic statement of the mischief rule is that given by.
Salmonds describes interpretation and construction as the process by which courts seek to ascertain the meanings of the legislature through the medium of the authoritative form in which it is expressed. The secondary aim of this essay is to examine the quote that they are rather crude labels for describing a complex mechanism, i. There are three rules of interpretation of statutes literal, golden and mischief. Despite this, there has been an inclusion of definition clause in most of the statutes so created, whether in the indian statutes or the statutes abroad. It is second lecture of interpretation statutes series by 3tymr given yash sharma. The process of statute making and the process of interpretation of statutes are two distinct activities. Interpretation thus is a familiar process of considerable significance.
In fact, much of the success of an attorneys argument in an appeal may hinge on the courts acceptance. The legislature makes the laws while the judges of the law courts apply or interpret the laws. It is the principles developed by courts for interpreting statutes. Interpretation of statute 1 for penal statute, it is always need to have a strict interpretation. These rules tell us what legal materials to read and how to read them. But in most cases, there is some ambiguity or vagueness in the. The rules of statutory interpretation 2 translegal. General principles and recent trends congressional research service 2 interpreting statutes, individual supreme court opinions often employ multiple types of statutory. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. 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. Although all efforts are made during the legislative process to create clear statutes, statutory law must still be interpreted by courts if a word, term, or phrase is vague or open to more than one interpretation. Aids to interpretation of statutes law times journal. Legislation in the states sometimes changes the commonlaw rules.
Interpretation of statutes pdf notes, ebook for law llb. Interpretation of statutes basic knowledge llb notes. 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. The word include is very generally used in the interpretation clause in order to enlarge the meaning of words or phrases occurring in the body of the statute, and when it is so used those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import. The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. These types of statutes are imperative statues which are often negative or prohibitory in its terms and make certain acts or omissions absolutely necessary and subject a contravention of the provision to a penalty. One of the reasons for the dismal state of statutory. When courts render decisions on the meaning of statutes, the prevailing view is that a judges task is not to make the law, but rather to interpret the law made by congress. An aid, on the other hand is a device that helps or assists.
They have no effects after the expiry of the specific period, however, the permanent or the perpetual statute is the one in which the statute remains effective until it is substituted or repealed by the legislative act. Statutes can be classified by object, by method, by reference to duration 1 classification by object a declaratory statutes declaratory statute may be defined as an act to remove doubts existing as to the common law, or the meaning or effect of any statute such acts are held to be retrospective. There are several instances when a court must interpret and apply a statutory provision. There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These statutes are also known as imperative statutes. Before you outsource interpretation, you must be aware of the different kinds or types of interpretation that are majorly demanded in the business and other industries. Sometimes the words of a statute have a plain and a straightforward meaning. Important maxims related to interpretation of statutes. 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 is expressed. When the statute is passed for the purposes of enabling something to be done and prescribes the formalities which are essential to. Chapter 1 introdution to interpretation of statutes. Salmond defines interpretation of law 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.
Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for nonobservance. The interpretation of written documents is fundamental to the process and practice of law. In spite of the fact that experts in the field assist in drafting the acts and rules, there are many. An introduction for students aims to teach students to interpret and apply legislation within the total legal environment. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. Legislative intent the intention of the legislature or legislative intent assimilates two aspects. The two main theories of statutory interpretationpurposivism and textualismdisagree about how judges can best adhere to this ideal of legislative supremacy. The interpretation of statutes is one of the most important subject usually taught in law. Robert kiyosaki 2019 the speech that broke the internet keep them poor. When something is mentioned expressly in a statute it leads to the. There may be other errors unnoticed by parliament and statutes cannot cover every eventuality therefore. Statutory interpretation is the act or process of interpreting and applying legislation. Types of statute law of interpretation of statutes. 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. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. 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. There are two kinds of interpretation, literal or grammatical interpretation. Temporary statutes tend to have effects for a specific period of time. 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. Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. Following are the rules of the interpretation of statues. Interpretation of statutes is required for two basic reasons. Iii basic rules under the modern purposive approach to interpretation of statutes. Where they are possible of giving one and only one meaning there is no problem. Principles of interpretation literal construction intention of the legislation must be found in the words used by the legislature itself strict interpretation words to be construed strictly contextual interpretation meaning of a term is understood with reference to the context or the purpose for which the provision has been. Expressio unius est exclusio alterius is a latin phrase that means express mention of one thing excludes all others.1528 792 210 1263 198 207 117 104 1369 1263 330 376 317 1393 283 1262 887 796 1314 623 781 1341 590 143 540 1211 787 290 1279 1045 51 1406 590 365 653 54 1102 4 794 963 1406