The illustrations cannot be used either to cut down or extend the scope of the section. Interpretation of statutes and principles of legislation book pdf. Statutory interpretation advantages and disadvantages. 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. Parliament is our lawmaking body and it is therefore correct that judges should apply the law as written by parliament without changing it. Other legal documents such as the constitution also can assist in your statutory interpretation. Feb 12, 2012 literal rule of interpretation is the primary rule. Analysis of statutory interpretation beyond the realm of the federal courts is long overdue,3 as jerry mashaw has observed. The paragraph of this case cited in this work is from pdf of the judgement available at judis 10 union of india v. In the case of taxing statutes, as in different type of statutes, there are certain bedrock principles on which the interpretation or construction of the particular statute is done by the courts and tribunals.
The purpose of interpretation of statutes is to help the judge to ascertain the intention of the legislature not to control that intention or to confine it within the limits, which the judge may deem reasonable or expedient. One reply to interpretation of statutes nagaraj t v. Valcke, contractual interpretation at common law and civil 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. 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. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act.
Some amount of interpretation is often necessary when a case involves a statute. Interpretation of statutes introduction, meaning and nature of interpretation introduction enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. If the literal interpretation defeats the actual intention of legislation. For many years he was deputy minister of justice for canada and an adjunct professor of law at the university of ottawa. Interpretation of statutes is a craft rather than a science. 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.
Generally, the words of a statute have a plain and straightforward meaning. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Interpretation of statutes basic knowledge llb notes. Introductionstatute generally means the law or the act of the legislature authority.
Interpretation of statutes pdf notes, ebook for law llb. They interpret the words of the statute in a way that is used commonly by all. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Discuss the rules of statutary interpretation with the. To construe andor interpret a statute the whole of the statute is to be. Contemporanea exposito is a guide to the interpretation of documents or statutes. Interpretation is the method by which the true sense or the meaning of the word is understood. Although another states interpretation isnt authoritative, if you know the legislature based its law on one in another state to discern the legislatures intent. Click download or read online button to get interpretation of statutes book now. Statutory interpretation is the process by which courts interpret and apply legislation. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Need to know although we are not lawyers, we essentially practice law in the practice of law, knowledge to apply the correct interpretation is an essential prerequisite even in taxing statutes, the courts and tribunals follow certain bedrock principles on which interpretation or construction is based.
No enactment has been enacted by the legislature for interpretation of statues including on tax laws. Maxwell on the interpretation of statutes by langan, p. Chapter 1 introdution to interpretation of statutes. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. This page is created for the sole purpose of providing a forum for discussion on the subject, outside the conventional. The students are advised to read only the books prescribed above. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense. The normal way of interpreting or construing a statute is to seek the intention of legislature. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. The mischief in the language is remedied by liberal and beneficial construction. Jan, 2017 if the literal interpretation defeats the actual intention of legislation. Every statue has some objective if literal interpretation defeats the purpose then intention of statutes to be understood to understand real meaning of statute. False has influenced the rules of statutory interpretation fundamentally and permanently ios 2601 multiple choice questions compiled by courtney engelbrecht the chronological categories of legislation are based on dates and historical facts. Download interpretation of statutes file in pdf format.
Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. Ios 2601 multiple choice questions compiled by courtney engelbrecht special rules of interpretation are necessary because ambiguities in legislation cannot be solved by dictionaries alone. Title 42 colorado revised statutes 2019 interpretation of statutes interpretation of statutes pdf types of statutes interpretation of statutes book british statutes applicable to india texas family. Factors which have influenced the shift in the mode of statutory interpretation are. To use paul finns expression, we were born to statutes. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. It is much rather a reconstruction of the generally framed provisions of an enactment with a view to their actual and specific application to and in a. Statutes and their interpretation in the first half of the fourteenth century book summary. Localizing efforts to expand rights is not a new concept. It is one of the important external aids for interpretation. The process of statute making and the process of interpretation of statutes are two distinct activities. In many statutes, especially, penal statutes, enacted in the olden times, it is the practice of the legislature to give illustrations. Interpreters for deaf person who is party to legal proceeding.
On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. Rules of presumption and statutory interpretation instructions 1. Originally published in 1922, this book examines legal statutes and their interpretation in english courts during the reigns of edward i, edward ii and edward iii. When a document was executed between two parties, there intention can be known by their conduct at the time and after the execution of the instrument. Interpretation is the primary function of a court of law. It means interpretation of a statute in the widest possible meaning of the language permitted. Distinguished legal historian theodore plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances. Write an essay of between four 4 and five 5 pages in which you discuss whether the judgment in jaga v donges 1950 4 sa 653 a, which was delivered at the height of apartheid, remains important for the interpretation of statutes after. Interpretation of statutes as per the law for ca final and others. Mar 29, 2019 compare similar statutes in other states. Statutory interpretation in canada the legacy of elmer driedger professor ruth sullivan part 1 introduction statutory interpretation in canada has been powerfully influenced by the work of elmer driedger. Statutory interpretation is the process of interpreting and applying legislation to decide cases.
The interpretation of statutes is one of the most important subject usually taught in law. 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. Nov, 2015 and then, there has been criticism made as to the utility of definition clause or the interpretation clause. It is of little use to give the answer, not he, but his predecessor, his late father, had sublet the premises. I have chosen to speak on the topic the interpretation of documents. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. However, in many an acts, definition clause is inserted to mean a word or expression. These rules each take different approaches to interpretation of a statute.
Section 222 of the acts interpretation act 1915 sa provides that s22 does not operate to create or extend any criminal liability. 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. Health care decision maker has the same meaning prescribed in section 122801. Important maxims related to interpretation of statutes. Interpretation of statutes download ebook pdf, epub. Human rights as considered in the bill of rights provision 3.
Interpretation of taxing statutes linkedin slideshare. The interpretation of statutes invariably and by its very nature involves much more than the mere reproduction of either the plain meaning of language or the intention of a legislature. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Statutes and statutory construction, second edition. The court interprets the provision whenever a challenge is thrown before it. 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. True special rules of interpretation are not necessary because ambiguities in. It is incumbent on the court to use the grammatical meaning.
The correct is one that best harmonises the words with the object of the statute. Interpretation thus is a familiar process of considerable significance. An empirical examination of agency statutory interpretation. This site is like a library, use search box in the widget to get ebook that you want. In view of this it is necessary to say something about the current state of our law in regard to the interpretation of statutes and statutory instruments and documents generally. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. Law, 1990, has identified a number of factors that may cause. Today, though capital punishment, not a big issues, still concerned not just with deprivation of liberty, but also with the stigma associated with a criminal offense. Statutory interpretation and constitutional legislation. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Explanations and provisos are inserted to expand or. It helps to clears errors caused by lawmaker in drafting the law.
The traditional rules of statutory interpretation have been changed drastically by the new constitutional dispensation i. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. True o influenced the interpretation of statutes in only a small measure. Acts interpretation act 1901 cth s15ab, acts interpretation act 1954 qld s14b, interpretation act 1987 nsw s34, interpretation of legislation act 1984 vic s35. Welfare, social and beneficial statutes are not to be construed strictly. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Interpretation of statutes and principles of legislation. Statutes code 1976 152715 code 1976 152715, sc st 152715 code of laws of south carolina 1976 annotated currentness title 15. Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. When the statute says the tenant who is sought to be evicted must be guilty of the contravention, the court cannot say, guilt of his predecessor in interest will suffice.
How ever great care must be taken in its application. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. 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. Arizona revised statutes and arizona administrative code.
Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the department of motor vehicles dmv. 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. Pdf interpretation of statutes download read online free. Text book dealing with the interpretation of law in south africa. Introduction to statutory interpretation 5 statutes played a key role from the beginning.
Interpretation would not be arbitrary or fanciful but an honest continuous exercise by. The process by which a judge or indeed any person, lawyer or layman who has occasion to search for the meaning of a statute constructs from the words of statute book a meaning. On the interpretation of statutes internet archive. Literal rule of interpretation is the primary rule. At the state level there is also a considerable number of statutes.
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