Meaning of interpretation of statutes pdf

One of them is that words do not usually have static meanings. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute. 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. External aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc. 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.

The most common rule of interpretation is that every part of the statute must be understood in a harmonious manner by reading and construing every part of it together. Aug, 2018 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. Oct 09, 2018 hello friends, welcome back to finology legal. General provisions of interpretation definitions 4. Literal or grammatical rule, golden rule, purposive rule. The judicature should expound the law in a manner that suppresses the evil and the wrong and advances the true meaning and scope of the statute. This video contains jurisprudence, interpretation and general laws interpretation of statutes part1 of cs executive new syllabus 2018. To find the actual meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose, etc.

A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. The interpretation act 1978 provides some terms to be used. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. The proper construction of a statute is a question of law. Over time, various methods of statutory interpretation and construction have fallen in and out of favor. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of 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. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. A guide to reading, interpreting and applying statutes.

A preamble, purpose clause, or recital is a permissible indicator of meaning. When the language of the statute is clear, there is no need for the rules of interpretation. 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. Principles of constitutional interpretation introduction. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions.

It is a process that extracts the legal meaning of the text from its semantic meaning. Literally speaking, the word interpretation means to interpret and the word. 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. But in many cases, there is some ambiguity or vagueness in. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Definition sections and interpretation clauses are to be carefully followed.

Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. Rather, it is deeply shaped by preexisting legal rules. Some amount of interpretation is often necessary when a case involves a statute. Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. Sometimes the words of a statute have a plain and a straightforward meaning. 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. Statute includes ordinance, order, bye laws, rules, regulations and notifications. The title and headings are permissible indicators of meaning. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf.

Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Some of the important rules of statutary interpretation are. According to salmond, interpretation is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. Interpretation of statutes is a very important issue which is not made easy due to varying factors. 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. Interpretation is a process through which one arrives at the true and correct intention of the lawmaking body which is laid in the form of statutes. Interpretation of statutes repeal statutory interpretation. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary.

Words are to be understood in their ordinary, everyday meanings unless the context indicates that they bear a technical sense. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. Like other parts of the law, what we call the law of interpretation has a claim to guide the actions of judges, officials, and private interpreters even if. Several doctrines of statutory interpretation focus on finding the meaning of ambiguous words by looking at the words or phrases that surround them. Review of the interpretation act 33 of 1957 project 25. External aids to construction of statutes when internal aids are not adequate, court has to take recourse to external aids.

The meaning of an ordinary word of the english language is not a question of law. Interpretation is the process of discovering the true meaning of the language used in a statute. Meaning of certain expressions in laws of the south african republic 20. Interpretation thus is a familiar process of considerable significance. Apr 02, 2017 interpretation of statutes means the art of finding out the true sense of an enactment. 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. Needless to say, such an approach will necessarily require more problembased examples during lectures and contact sessions. It is essential to understand the need for correct interpretation of and and or as this can at times, change the entire meaning of the relevant statutory provision. On the interpretation of statutes internet archive. 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. But if the words are vague and ambiguous then internal aid may be sought for interpretation. This process is commonly adopted by the courts for determining the exact intention of the legislature.

The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Literal rule aka plain meaning rule it means that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a. The judges and the lawyers whose duty it is to interpret statutes. Iii basic rules under the modern purposive approach to 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. One of the reasons for the dismal state of statutory. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear. Chapter 1 introdution to interpretation of statutes. The word interpretation is derived from the latin term interpretari which means to explain or expound or to understand or translate. Interpretation of statutes pdf notes, ebook for law llb. There are some 1012 rules of interpretation, in this video i am discussing 6 rules. Nov, 2015 wide words used in an interpretation clause may thus be given a limited meaning having regard to the context as a whole for a word in a statute whether it be in the body of the statute or in the interpretation clause is not to be construed without reference to the context in which it appears.

Cf justice michael kirby, towards a grand theory of interpretation. Discuss the rules of statutary interpretation with the. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Interpretation of statutes and principles of legislation. Interpretation amendment act 7 of 1959 interpretation amendment act 45 of 1961 general law amendment act 102 of 1967 general law amendment act 62 of 1973 interpretation amendment act 42 of 1977. Explanations and provisos are inserted to expand or. The process of statute making and the process of interpretation of statutes are two distinct activities. Wide words used in an interpretation clause may thus be given a limited meaning having regard to the context as a whole for a word in a statute whether it be in the body of the statute or in the interpretation clause is not to be construed without reference to the context in which it appears. Some may be plain and have a straightforward meaning and some may be ambiguous and vague. It is the duty of the court to interpret the act and give meaning to each word of the statute.

But, in certain cases, more than one meaning may be derived from the same word or sentence. Definition or interpretation clauses exist in the earlier part of the statute purpose extending natural meaning of some words binding on the court to follow the given interpretation exception if the court feels that, if the definition clause applied, will results in absurdity, court will not apply definition. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. Statutory interpretation is the process by which courts interpret and apply legislation. There is a fine line of difference between interpretation and construction in law, that has been discussed in this article. Generally, the words of a statute have a plain and straightforward meaning. 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. Statute generally means the law or the act of the legislature authority. In order to achieve this, the judge will give the words in the statute a literal meaning, that is, their plain ordinary everyday meaning, even if the effect of this is to produce what might be considered as an otherwise unjust or. Where they are possible of giving one and only one meaning there is no problem. Beyond this, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters. In fact, much of the success of an attorneys argument in an appeal may hinge on the courts acceptance. These rules tell us what legal materials to read and how to read them.

Lawyers and judges in the united states and some other jurisdictions interpret statutes on a regular basis. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. Rules of interpretation interpretation of statutes in. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. The paper is a critique of the golden rule of interpretation along with relevant case laws. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. But what will happen if a provision in any statute is found to convey more than one meaning. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. 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. Interpretation of statutes and principles of legislation book.

While the interpretation of the statute, is all about exploring the written text, whereas construction is used in the broader sense, i. Rules of interpretation interpretation of statutes in hindi. Meaning and classification of statutes interpretation of. Interpretation of statutes is a very important issue which is not made easy due. Interpretation must be as near possible to the intention or purpose of framer s as the law would permit. Definition of legal interpretation on the concept of interpretation in law interpretation in law has different meanings.

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. Interpretation of statutes is a craft rather than a science. This article focuses on the rules to be kept in mind while using it. Interpretation of statutes summary lectures 1 15 studocu. In this act and every other written law applicable to written laws cap. In todays video let us understand the rules of interpretation. Difference between interpretation and construction with. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. Thus, the golden rule implies that if a strict interpretation of a statute would lead to an absurd. 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. It is process of application of mind also called law, act, enactment. Legal meaning and semantic meaning interpretation in law is a rational process by which we understand a text. Interpretation of statutes is the correct understanding of the law.

Types of statute law of interpretation of statutes srd. True o influenced the interpretation of statutes in only a small measure. Interpretation of statues to render justice is the primary function of the judiciary. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Through interpretation, we come to know the normative message of a text. These rules each take different approaches to interpretation of a statute. All about interpretation of statutes by nishita kapoor download pdf the author, nishita kapoor is a 3rd year student of uils. However, in many an acts, definition clause is inserted to mean a word or expression. 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. Mar 21, 2016 what the interpretation of statutes is all about the interpretation of statutes is very essential to the administration of justice. Keep in mind that generally, courts interpreting a statute assume that every word is meaningful. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Meaning and classification of statutes interpretation of statutes meaning of statutes according to blacks law dictionary, a statute is a formal written enactment of legislative authority that governs a country, state, city or county. No enactment has been enacted by the legislature for interpretation of statues including on tax laws.

Interpretation of statutes and principles of legislation book pdf. Interpretation act 33 of 1957 english text signed by the governorgeneral assented to. Meaning of expression governor or lieutenantgovernor in laws of the colony of transvaal part iv special provisions applicable only to the province of the orange free state 21. The letters of the constitution are fairly static and not very easy to change but the laws enacted by the legislature reflect the current state of people and are very dynamic. Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. Summary the exercise of the judicial power of the united states often requires that courts construe statutes to apply them in particular cases and controversies. I have shared brief and tothe point notes that will help you revise this. Interpretation is the method by which the true sense or the meaning of the word is understood. Factors which have influenced the shift in the mode of statutory interpretation are. Statutory interpretation is the process of interpreting and applying legislation to decide cases.

Introduction, meaning and nature of interpretation. Although the task of statutory interpretation can be quite nuanced and complicated, this handout will provide you with a few handy tools that will help you to discern the meaning of a statute, even when the terms of the statute seem unclear or ambiguous. In those cases the task of the court is to decide the exact meaning of that particular. This fifth edition is not only the product of more than three decades efforts including misguided visions and mistakes to teach interpretation of statutes to.

If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. 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 apply them in particular cases and controversies. This then makes the interpretation of statutes not as simple as one would think. Words must be given the meaning they had when the text was adopted. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws.