Types of interpretation of statutes

Statutory interpretation is the act or process of interpreting and applying legislation. But in most cases, there is some ambiguity or vagueness in the. Chapter 1 introdution to interpretation of statutes. Some amount of interpretation of the statutes is often necessary by the courts, as also by the counsel of the parties. Like other parts of the law, what we call the law of interpretation has a claim to guide the actions of judges, officials. 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. There may be other errors unnoticed by parliament and statutes cannot cover every eventuality therefore. It is the principles developed by courts for interpreting statutes.

There are two kinds of interpretation, literal or grammatical interpretation. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of s. The statutes and common law provide several rules that guide the courts when they interpret a statute. Introduction the interpretation of laws is confined to courts of law.

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. 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. When something is mentioned expressly in a statute it leads to the. Types of statute law of interpretation of statutes srd. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Iii basic rules under the modern purposive approach to interpretation of statutes. The secondary aim of this essay is to examine the quote that they are rather crude labels for describing a complex mechanism, i. 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. Interpretation and construction have been used interchangeably. The legislature makes the laws while the judges of the law courts apply or interpret the laws. One of the reasons for the dismal state of statutory. Common law is comprised of the guidelines that are set forth from case law rather than actual legislature. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation.

There are four rules of statutory interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. Interpretation thus is a familiar process of considerable significance. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. The subject of the interpretation of statues or acts is very wide. 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. It is second lecture of interpretation statutes series by 3tymr given yash sharma. 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. Through the interpretation of such legislation, the courts often may either restrict or extend its application.

Aids to interpretation of statutes law times journal. The rules of statutory interpretation 2 translegal. With a strong back by professional interpreters from different industries, we offer all kinds of interpretation that you may want. 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. In fact, much of the success of an attorneys argument in an appeal may hinge on the courts acceptance. To avoid the miscarriage of justice which could be the case if statutes are wrongly interpreted.

An introduction for students aims to teach students to interpret and apply legislation within the total legal environment. Legislative intent the intention of the legislature or legislative intent assimilates two aspects. An aid, on the other hand is a device that helps or assists. 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. 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. Robert kiyosaki 2019 the speech that broke the internet keep them poor.

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. The two main theories of statutory interpretationpurposivism and textualismdisagree about how judges can best adhere to this ideal of legislative supremacy. When the statute is passed for the purposes of enabling something to be done and prescribes the formalities which are essential to. Presumptionin enactment of a consolidating act, the presumption is that the parliament is intended to alter the existing law. One of them is that words do not usually have static meanings. The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. Interpretation of statutes is required for two basic reasons. The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation. Interpretation of law, definition and kinds, literal. Difference between interpretation and construction. Interpretation of statutes basic knowledge llb notes. Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. This then makes the interpretation of statutes not as simple as one would think.

Interpretation of statute 1 for penal statute, it is always need to have a strict interpretation. There exist two types of statutes temporary and perpetual. Where they are possible of giving one and only one meaning there is no problem. It is for the court to see whether a particular case falls within the broad principles of law enacted by the legislature. Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for nonobservance. Those statutes which require the doing of an act in a certain manner or form and the nonobservance is. Sometimes the words of a statute have a plain and straightforward meaning. And they are required not to look beyond the language of the law. Rather, it is deeply shaped by preexisting legal rules. 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. There are several instances when a court must interpret and apply a statutory provision. Sometimes the words of a statute have a plain and a straightforward meaning. But according to cooley interpretation differs from construction. Expressio unius est exclusio alterius is a latin phrase that means express mention of one thing excludes all others.

Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. This is one of the rules used in interpretation of statutes. The two main theories of statutory interpretation purposivism and textualismdisagree about how judges can best adhere to this ideal of legislative supremacy. The process of statute making and the process of interpretation of statutes are two distinct activities. Some amount of interpretation is often necessary when a case involves a statute. These statutes are also known as imperative statutes. Lawyers and judges in the united states and some other jurisdictions interpret statutes on a regular basis. This lecture covers the topics the classification of statutes. Interpretation must be as near possible to the intention or purpose of framer s as the law would permit. General principles and recent trends congressional research service 2 interpreting statutes, individual supreme court opinions often employ multiple types of statutory. 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. 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. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. Legislation in the states sometimes changes the commonlaw rules.

But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. Interpretation of statutes ministry of legal updates. This is also referred to as statutory construction. 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. Important maxims related to interpretation of statutes. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The classic statement of the mischief rule is that given by. 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. 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. The interpretation of written documents is fundamental to the process and practice of law.

This has been a new initiative from goodword and we hope that it. Types of statute law of interpretation of statutes. 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. Legislative language legislative language may be complicated for a layman. The interpretation of statutes is one of the most important subject usually taught in law. 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. For the purpose of construction or interpretation, the court has to take recourse to. Interpretation of statutes is a very important issue which is not made easy due to varying factors. In spite of the fact that experts in the field assist in drafting the acts and rules, there are many.

The phrase indicates that items not on the list are assumed not to be covered by the statute. 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. Interpretation of statutes pdf notes, ebook for law llb. 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.

A rule is a uniform or established course of things. Statutes are laws that have been written and passed by the legislative body within a jurisdiction. And then, there has been criticism made as to the utility of definition clause or the interpretation clause. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Temporary statutes tend to have effects for a specific period of time. Thus, in a very real sense, the courts may be regarded as a part of the legislative process.

The principles of interpretation of statutes are important because an act of parliamentlegislature cannot foresee all types of situations and all types of consequences. 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. Following are the rules of the interpretation of statues. These rules tell us what legal materials to read and how to read them.