This file may not be suitable for users of assistive technology. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. 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. Sometimes the words of a statute have a plain and a straightforward meaning. It is incumbent on the court to use the grammatical meaning. Any kind of intendment or presumption as to tax does not exist. The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. Interpretation of statutes basic knowledge llb notes. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. In the course of such interpretation, the courts have, over the centuries, laid down certain guidelines which have come to be known as rules of interpretation of statutes. It is an elementary principle of construction of statutes that the words have to be read in their literal sense. Interpretation of statutes is a craft rather than a science. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes.
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. Interpretation thus is a familiar process of considerable significance. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. What are the rules of statutory interpretation our law has gradually developed a vast body of authority pertain ing to statutory interpretation. Traditional statutory interpretation in illinois the interpretation of statutes entails the utilization of various methods, techniques, and tools,6 and neither courts nor commentators are harmonious as to the proper or most effective mode of interpretation. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. Interpretation of statutes and principles of legislation book pdf.
Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. For this rules which help to get the right interpretation of law are discussed below. Feb 12, 2012 literal rule of interpretation is the primary rule. 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. What was the common law before the making of the act. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Primary rules of interpretation are discussed hereunder. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. On the interpretation of statutes internet archive. Discuss the rules of statutary interpretation with the.
Some states have acts interpretations acts interpretation act wa 1984 which are laws instructing judges on how to interpret other acts. One of the reasons for the dismal state of statutory. May 18, 2015 statutes imposing taxes or monetary burdens are to strictly construed. A basic understanding of theory is essential for a perspective on and understanding of legal 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. 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. Under this rule of interpretation the courts interpret the statutes in a literal and ordinary sense.
Nov, 2015 and then, there has been criticism made as to the utility of definition clause or the interpretation clause. The process of statute making and the process of interpretation of statutes are two distinct activities. Rules of presumption and statutory interpretation instructions 1. Introduction, meaning and nature of interpretation.
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. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. Interpretation is the method by which the true sense or the meaning of the word is understood. The logic behind this principle is that imposition of taxes is also a kind of imposition of penalty which can only be imposed if the language of the statute unequivocally says so. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london. Interpretation of statutes and principles of legislation. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. The meaning of an ordinary word of the english language is not a question of law. In the construction of this code and of all other statutes of this state, unless the context requires a different meaning. The legislature makes the laws while the judges of the law courts apply or interpret the laws. Statutory interpretation is the process by which courts interpret and apply legislation. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means.
Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project. Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative provisions to be applied in practical situations. Explanations and provisos are inserted to expand or.
Legislation or lawmaking is a very high prerogative vested only in the legislature. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. To use paul finns expression, we were born to statutes. Chapter 1 introdution to interpretation of statutes. Factors which have influenced the shift in the mode of statutory interpretation are. Introduction to statutory interpretation 5 statutes played a key role from the beginning. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. I have shared brief and tothe point notes that will help you revise this. Interpretation of statutes pdf notes, ebook for law llb. Some amount of interpretation is often necessary when a case involves a statute. Statute interpretation research by qaiser javed mian llb,llmu. Doc secondary rules of interpretation ilfar kalanthar.
The rules or maxims or concepts that come within this category of rules of interpretation are generally considered as secondary or subordinate principles of interpretation, the most important threat for. Rules of presumption and statutory interpretation instructions 1 copyright sovereignty education and defense ministry, litigation tool 01. More often than not the statutes contain statement of objects and reasons and also a preamble both of. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. An evaluation of the rules of statutory interpretation. A tool for statutory interpretation words in their natural and ordinary sense. Following are the rules of the interpretation of statues. This is done to restrict judicial freedom of interpretation and make sure parliaments meaning is clear. Some of the important rules of statutary interpretation are.
Statutory interpretation lecture notes law teacher. The subject of the interpretation of statues or acts is very wide. Jan, 2017 the process of understanding expressions of the statute is called interpretation of statute. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the term enactment. Could include discussing scope and terms of reference with lead government department preconsultation. Apr 02, 2017 interpretation of statutes means the art of finding out the true sense of an enactment. 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. Welfare, social and beneficial statutes are not to be construed strictly.
They interpret the words of the statute in a way that is used commonly by all. These rules each take different approaches to interpretation of a statute. Apr 01, 2017 there are certain general principles of interpretation which have been applied by courts from time to time. According to this rule, the only duty of the court is to give effect if the language of the statute is plain and has no business to look into the consequences which might arise. But if the words are vague and ambiguous then internal aid may be. A statute, which is a bill or law passed by the legislature, imposes obligations and rules. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. The case of adler v george 1964 is a classic example of the courts applying the golden rule. In construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. 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. Where they are possible of giving one and only one meaning there is no problem. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. However, in many an acts, definition clause is inserted to mean a word or expression. 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.
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