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