Interpretation thus is a familiar process of considerable significance. Definition sections and interpretation clauses are to be carefully followed. The word interpretation is derived from the latin term interpretari which means to explain or expound or to understand or translate. 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.
But in many cases, there is some ambiguity or vagueness in. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. But if the words are vague and ambiguous then internal aid may be sought for interpretation. Some of the important rules of statutary interpretation are. 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 meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Types of statute law of interpretation of statutes srd. External aids to construction of statutes when internal aids are not adequate, court has to take recourse to external aids. Oct 09, 2018 hello friends, welcome back to finology legal. Statute includes ordinance, order, bye laws, rules, regulations and notifications. 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. Cf justice michael kirby, towards a grand theory of interpretation.
General provisions of interpretation definitions 4. 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. 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. Rather, it is deeply shaped by preexisting legal rules. 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. There are some 1012 rules of interpretation, in this video i am discussing 6 rules. Where they are possible of giving one and only one meaning there is no problem. Explanations and provisos are inserted to expand or. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Needless to say, such an approach will necessarily require more problembased examples during lectures and contact sessions. 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. The meaning of an ordinary word of the english language is not a question of law. These rules tell us what legal materials to read and how to read them.
Interpretation of statutes and principles of legislation. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Meaning and classification of statutes interpretation of. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. A guide to reading, interpreting and applying statutes. Interpretation must be as near possible to the intention or purpose of framer s as the law would permit. This article focuses on the rules to be kept in mind while using it.
External aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc. In todays video let us understand the rules of interpretation. Rules of interpretation interpretation of statutes in. The title and headings are permissible indicators of meaning.
The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. These rules each take different approaches to interpretation of a statute. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. 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. There is a fine line of difference between interpretation and construction in law, that has been discussed in this article. Beyond this, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters. 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. 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. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute. One of the reasons for the dismal state of statutory. While the interpretation of the statute, is all about exploring the written text, whereas construction is used in the broader sense, i. Interpretation of statutes is the correct understanding of the law.
The proper construction of a statute is a question of law. Meaning of certain expressions in laws of the orange free state 22. Interpretation of statutes pdf notes, ebook for law llb. 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. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf. 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 and principles of legislation book pdf.
Principles of constitutional interpretation introduction. Legal meaning and semantic meaning interpretation in law is a rational process by which we understand a text. Lawyers and judges in the united states and some other jurisdictions interpret statutes on a regular basis. Discuss the rules of statutary interpretation with the. Difference between interpretation and construction with. 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. 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. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. T 1 literal rule of interpretation is one of the oldest methods of interpretation adopted by the judiciary. 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. Generally, the words of a statute have a plain and straightforward meaning. Words are to be understood in their ordinary, everyday meanings unless the context indicates that they bear a technical sense. 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.
Interpretation of statutes summary lectures 1 15 studocu. This process is commonly adopted by the courts for determining the exact intention of the legislature. It is the duty of the court to interpret the act and give meaning to each word of the statute. Rules of interpretation interpretation of statutes in hindi.
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. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. Interpretation of statutes is a craft rather than a science. 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. It is process of application of mind also called law, act, enactment. 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. 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. Literally speaking, the word interpretation means to interpret and the word. In fact, much of the success of an attorneys argument in an appeal may hinge on the courts acceptance. A preamble, purpose clause, or recital is a permissible indicator of meaning. 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.
Literally interpreting the law a appraisal of the literal rule of interpretation in india alekhya reddy. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. Interpretation of statues to render justice is the primary function of the judiciary. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. All about interpretation of statutes by nishita kapoor download pdf the author, nishita kapoor is a 3rd year student of uils. Apr 02, 2017 interpretation of statutes means the art of finding out the true sense of an enactment. Mar 21, 2016 what the interpretation of statutes is all about the interpretation of statutes is very essential to the administration of justice. Review of the interpretation act 33 of 1957 project 25. 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 what will happen if a provision in any statute is found to convey more than one meaning. The paper is a critique of the golden rule of interpretation along with relevant case laws.
Interpretation of statutes is a very important issue which is not made easy due to varying factors. Over time, various methods of statutory interpretation and construction have fallen in and out of favor. The judges and the lawyers whose duty it is to interpret statutes. On the interpretation of statutes internet archive. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. In this act and every other written law applicable to written laws cap. Keep in mind that generally, courts interpreting a statute assume that every word is meaningful. Download interpretation of statutes and principles of legislation book pdf for 2nd year students.
Several doctrines of statutory interpretation focus on finding the meaning of ambiguous words by looking at the words or phrases that surround them. Literal or grammatical rule, golden rule, purposive rule. Meaning of certain expressions in laws of the south african republic 20. Chapter 1 introdution to interpretation of statutes. True o influenced the interpretation of statutes in only a small measure. Interpretation act 33 of 1957 english text signed by the governorgeneral assented to. Interpretation of statutes and principles of legislation book. Definition of legal interpretation on the concept of interpretation in law interpretation in law has different meanings. 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. Interpretation is the process of discovering the true meaning of the language used in a statute. 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. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. Introduction, meaning and nature of interpretation. 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.
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. 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. Statutory interpretation is the process of interpreting and applying legislation to decide cases. 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. I have shared brief and tothe point notes that will help you revise this. Interpretation of statutes repeal statutory interpretation. In those cases the task of the court is to decide the exact meaning of that particular. 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. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Statute generally means the law or the act of the legislature authority. 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. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation.
Iii basic rules under the modern purposive approach to interpretation of statutes. 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. 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. However, in many an acts, definition clause is inserted to mean a word or expression. Interpretation is the method by which the true sense or the meaning of the word is understood. The process of statute making and the process of interpretation of statutes are two distinct activities. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. It is a process that extracts the legal meaning of the text from its semantic meaning. 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.
Statutory interpretation is the process by which courts interpret and apply legislation. This video contains jurisprudence, interpretation and general laws interpretation of statutes part1 of cs executive new syllabus 2018. But, in certain cases, more than one meaning may be derived from the same word or sentence. 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. Factors which have influenced the shift in the mode of statutory interpretation are. When the language of the statute is clear, there is no need for the rules of interpretation. This then makes the interpretation of statutes not as simple as one would think. Sometimes the words of a statute have a plain and a straightforward meaning. One of them is that words do not usually have static meanings.
Interpretation of statutes is a very important issue which is not made easy due. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. 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. Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. No enactment has been enacted by the legislature for interpretation of statues including on tax laws.
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. The interpretation act 1978 provides some terms to be used. Some amount of interpretation is often necessary when a case involves a statute. Thus, the golden rule implies that if a strict interpretation of a statute would lead to an absurd. Words must be given the meaning they had when the text was adopted. The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear.
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