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. Statutory interpretation is the process by which courts interpret and apply legislation. Interpretation of statutes legal bites law and beyond. Jun 08, 2015 therefore, the next source of interpretation for courts in pakistan is this act. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. The letters of the constitution are fairly static and not very easy to change but the laws enacted by the legislature reflect. There are some 1012 rules of interpretation, in this video i. Summaries, past exams, lecture notes and more to help you study faster. 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. Beside these sources, there are certain rules and principles of interpretation developed both through case laws and academic scholarship in pakistan and also under other civilized legal systems of the world. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. But in many cases, there is some ambiguity or vagueness in. The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute.
The theoretical background of statutory interpretation cannot simply be ignored or wished away. 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. The interpretation of a statue should be done in such a way that mischief is suppressed and remedy is advanced. The subject of the interpretation of statues or acts is very wide. 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. Statutory interpretation notes, summaries and exams studocu. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. The interpretation of statutes is one of the most important subject usually taught in law.
The object of interpretation of statutes is to determine the intention of the. Principles of public law and statutory interpretation law5004 monash university. Check out all statutory interpretation study documents. Types of statute law of interpretation of statutes srd. Aids to interpretation of statutes law times journal. Interpretation of statues to render justice is the primary function of the judiciary. For decades, lawyers have debated the proper scope of this hypothetical law.
The aids for interpretation may be divided into two. One of the reasons for the dismal state of statutory interpretation in sa is the lack of a sound theoretical basis for the discipline. It should be taken into note that the rule can be applied only when the. Primary rules of interpretation are discussed hereunder. What sense can one give to the recurring explanation by judges that their role. Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. It is the duty of the court to interpret the act and give meaning to each word. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. Each of the interpretation statutes now confirms that it is permissible to have regard to contemporary material that is extrinsic to the act to resolve ambiguity or to confirm the ordinary meaning of the. May 04, 2015 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. However, in many ways modern statutory interpretation has become closer to common law method.
Interpretation of statutes and principles of legislation book pdf. Therefore, the next source of interpretation for courts in pakistan is this act. Therefore, the rules, principles and presumptions applying to the construction of legislation play a key role in admin law. The normal way of interpreting or construing a statute is to seek the intention of legislature. This site is like a library, use search box in the widget to get ebook that you want. Ios2601 summary notes interpretation of statutes 202. Rules of interpretation interpretation of statutes in. Canons of construction are no more than rules of thumb that help courts determine the meaning of legislation, and in interpreting a statute a. Factors which have influenced the shift in the mode of statutory interpretation are. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation of statutes download ebook pdf, epub, tuebl.
Rule of literal interpretation in construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This process is commonly adopted by the courts for determining the exact intention of the legislature. Importance of golden rule of interpretation 1 it departs from its strictly literal rules 2 the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the legislature. Legislation must be construed as being remedial, and must be given such f expansive rather than technical see rizzo. The elementary rule states that the intention of the legislature must be found by reading the statute as a whole. Notes on the english legal system 2016 trevor lyons ljmu. Rules of interpretation principles of constitutional interpretation. Law notes on principles of constitutional interpretation. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Some amount of interpretation is often necessary when a case involves a statute. So, here the basic principle of harmonious construction is that the legislature. Presently, in the period of social welfare legislation, beneficial interpretation has become important tool of interpretation of statute.
Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. The legislature makes the laws while the judges of the law courts apply or interpret the laws. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. There are three rules of interpretation of statutes literal, golden and mischief. Principles relating to the interpretation of statutes and constitutions overview in this unit we will introduce some of the principles relating to statutes. Principles of statutory interpretation general clauses act,1897 with notes paperpack authors. An aid, on the other hand is a device that helps or assists. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. Introduction statutory interpretation is the process of interpreting and applying legislation to decide cases. Interpretation of statutes summary lectures 1 15 studocu. Legal language is, in part, the language that is used by the legislature to communicate with the people.
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. This is a compilation of notes and lectures on the subject titled interpretation of statutes. Rules of interpretation interpretation of statutes in hindi. Interpretation of statutes download ebook pdf, epub. 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. Theories of legislation and statutory interpretation.
Introduction the term interpretation means to give meaning to. Interpretation of statutes and principles of legislation book. Click download or read online button to get interpretation of statutes book now. Interpretation of statutes and principles of legislation. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Ios2601 summary notes interpretation of statutes 202 studocu.
Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Rules of statutory interpretation linkedin slideshare. It is a readytouse gist for law students and the primary. There are some 1012 rules of interpretation, in this video i am discussing 6 rules. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids.
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. These keys may be termed as aids for interpretation and principles of interpretation. Interpretation of statutes basic knowledge llb notes. Although legislature makes the statute, it may be open to interpretation and have ambiguities. Oct 09, 2018 hello friends, welcome back to finology legal. Statutory interpretation lecture notes law teacher. Types of statute law of interpretation of statutes. Aug, 2018 the object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Jul 03, 2019 interpretation of statutes and principles of legislation book pdf. There are certain general principles of interpretation which have been applied by courts from time to time. Ray j also took note of seervai constitutional law of indiaand coin howard, australian. Golden rule of interpretation law of interpretation of. The aids for interpretation may be divided into two categories, namely, internal and external. In the construction interpretation of statutes, the principle aim of the court. Principles of statutory interpretation general clauses act,1897 with notespaperpack authors. This video contains jurisprudence, interpretation and general lawsinterpretation of statutes part 1 of cs executive new syllabus 2018. Interpretation of statutes principles of legislation. 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 thus is a familiar process of considerable significance. Crw2601 study notes constitutional law study notes pvl1501 notes and longer questions and answers ilw1501 study notes family law best summary pvl2601 scl1501 study notes related studylists may june 2019 legal interpretation 210 statutory interpretation. In todays video let us understand the rules of interpretation. The cardinal rule of statutory interpretationrequires the words of a statute to be read in their context.
Interpretation of statutes is the correct understanding of the law. Beneficient statutes and beneficient rules of construction. Concept keypoints definition also known as the juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the. Legislation or lawmaking is a very high prerogative vested only in the legislature. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Ios2601 notes to be printed autosaved ios2601 november 2005. Chapter 1 introdution to interpretation of statutes. 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. These are the general approaches to interpretation of statutes. Following are the rules of the interpretation of statues. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Jun 09, 2018 this video contains jurisprudence, interpretation and general lawsinterpretation of statutes part 1 of cs executive new syllabus 2018.
The process of statute making and the process of interpretation of statutes are two distinct activities. Basic principles of statutory interpretation of law. Beneficent construction involves giving the widest meaning possible to the 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. Interpretation of statutes archives adv gr rajesh kumar.