Ninterpretation of statutes pdf

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 has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation. It is process of application of mind also called law, act, enactment. 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. Nov, 2015 but where there is no such meaning applied, usually in case where the statutes and the constitution are amended and the definitions of words used therein are not amended, it renders those words completely useless as the words they cannot be applied to the provisions since they are not in consonance with other provisions or the constitution. In many statutes, especially, penal statutes, enacted in the olden times, it is the practice of the legislature to give illustrations.

Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Statutes and rules texts valid as from april 2017 table of contents statutes of the interparliamentary union 1 rules of the assembly 12 rules of the governing council 21 rules of the executive committee 30 rules of the standing committees 36 rules of the forum of women parliamentarians 46 rules of the bureau of women parliamentarians 56. Headings and title of a chapter importance in interpretation of statutes a statute is a will of legislature conveyed in the form of text. Severability canon if a particular clause or provision of a statute is unconstitutional, the remainder of the statute survives if the court can sever the unconstitutional provision. 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. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Statute of the international court of justice article 1 international court of justice established by the charter of the united nations as the principal judicial organ of the united nations shall be constituted and shall function in accordance with the provisions of the present statute.

Generally, the words of a statute have a plain and straightforward meaning. The interpretation of statutes is one of the most important subject usually taught in law. 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. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas non statutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by case laws relating to the interpretation of statutes. How judges read the statute laws of parliament role of the courts. By clicking add to cart, i confirm that i am an education provider. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Where this intention is proclaimed in clear terms expressly or by necessary implication the assistance of these rules need not be sought.

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 supreme court has expressed an interest that congress be. Good enactments are those which have least ambiguities, inconsistencies, contradictions or lacunas. 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. On the interpretation of statutes by peter benson maxwell. Statutes imposing taxes or monetary burdens are to strictly construed. This video contains jurisprudence, interpretation and general laws interpretation of statutes part1 of cs executive new syllabus 2018.

Interpretation of statutes download ebook pdf, epub. Get juctice g p singh principles of statutory interpretation pdf file for free from our online library. 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. 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. Preliminary steps there are three important preliminary steps you should take before attempting to interpret a given statute. He argued that since he did not know that the food sold by him was adulterated, he could not be convicted under section 16 of the act because the enactment being a penal statute. Crabbe describes the distinction between interpretation and. Carneades argumentation system is applied in a case analysis. A guide to reading, interpreting and applying statutes. 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. Apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution, in particular s1founding provision, s 2 the supremacy clause, s 7 the obligation. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. The legislature makes the laws while the judges of the law courts apply or interpret the laws.

This then makes the interpretation of statutes not as simple as one would think. 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. Interpretation of statutes is a craft rather than a science. This file may not be suitable for users of assistive technology. Rules of interpretation of tax statutes p a g e 3 49 bombay chartered accountants society bombay chartered accountants society bcas is the oldest voluntary association established over 67 years ago on 6th july 1949 as a nonprofit organisation to serve the profession of chartered accountancy. 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. One of them is that words do not usually have static meanings. Ios 2601 multiple choice questions compiled by courtney engelbrecht the chronological categories of legislation are based on dates and historical facts. This is a compilation of notes and lectures on the subject titled interpretation of statutes. On the interpretation of statutes internet archive. Statutory interpretation is the process by which courts interpret and apply legislation.

Pdf interpretation of statutes download read online free. Interpretation of statutes and principles of legislation book pdf. Bennion, statutory interpretation, doc no 1990 002 082 longman, isbn 0 85121 580 7 at 84. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. 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.

Sarjoo prasad v state of uttar pradesh the appellant who was an employee in a shop was convicted under the prevention of food adulteration act 1954 for having sold adulterated food. Chapter 9 interpretation of statutes and ordinances. Interpretation of statutes basic knowledge llb notes. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the. The conventional way of interpreting or construing a statute is to seek intention of legislature. Statutory interpretation university of houston law. 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. Understanding the tools and techniques of statutory interpretation will help you to understand the possible implications a statute may have on your clients interests. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Read and download pdf ebook juctice g p singh principles of statutory interpretation at online ebook library.

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. Maxwell on the interpretation of statutes by langan, p. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Where greenawalts aim is to provide a conceptual overview of. 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. Meaning and classification of statutes interpretation of. Sometimes the words of a statute have a plain and a straightforward meaning.

This process is commonly adopted by the courts for determining the exact intention of the legislature. Chapter 1 introdution to interpretation of statutes. Interpretation thus is a familiar process of considerable significance. For decades, lawyers have debated the proper scope of this hypothetical law. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. Interpretation of statutes is a very important issue which is not made easy due to varying factors.

Statute includes ordinance, order, bye laws, rules, regulations and notifications. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. Statutory interpretation is the process of interpreting and applying legislation to decide cases. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law.

The interpretation act 1978 provides some terms to be used. This site is like a library, use search box in the widget to get ebook that you want. But even so, the fundamental rule of construction is the same for all statutes, whether fiscal or otherwise. Interpretation of statutes summary lectures 1 15 studocu. Statutory interpretation lecture notes law teacher. The meaning of an ordinary word of the english language is not a question of law. Buy interpretation of statutes book online at best prices in india on.

Interpretation is the method by which the true sense or the meaning of the word is understood. The maxim a verbis legis non est recedendum means that you must not vary the words of the statute while interpreting it. Introduction 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. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Interpretation of statutes and ordinances 91 introduction the purpose of this chapter is to provide some general guidance to county officers and employees regarding the interpretation of statutes and ordinances. Interpretation is the process of discovering the true meaning of the language used in a statute. Interpretation of statutes and principles of legislation. 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. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. Could include discussing scope and terms of reference with lead government department preconsultation. Interpretation of statutes pdf notes, ebook for law llb. A lady introduce her husbands name with saying by which can stop or move train what is that name.

On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. Some amount of interpretation is often necessary when a case involves a statute. You must be an education provider to purchase this book. Legislation or lawmaking is a very high prerogative vested only in the legislature. The law commission and the scottish law commission law com. The paper is a critique of the golden rule of interpretation along with relevant case laws.

Although legislature makes the statute, it may be open to interpretation and have ambiguities. True a distinction is made between original and subordinate legislation, but the distinction does not affect the application of the rules of statutory interpretation. Bad enactments are gold mine for lawyers because for half of the litigation the legislative draftsmen are undoubtedly the cause. Statute interpretation research by qaiser javed mian llb,llmu. The exercise of the judicial power of the united states often requires that courts construe statutes so enacted to apply them in concrete cases and controversies. 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. The object of interpretation of statutes is to determine the intention of. The rules of statutory exegesis are intended as aids in resolving any doubts as to the legislatures true intention. It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation of all legislation. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. External aids to construction of statutes when internal aids are not adequate, court has to take recourse to external aids.

The chapter situates debate about statutory interpretation as a battle between those who are concerned that judges, especially common law. List of certain proclamations and notices to be submitted to parliament and provincial legislatures part ii special provisions applicable only to the province of the cape of interpretation act 33 of 1957 page 1 of 12. Important maxims related to interpretation of statutes. Promulgation and commencement of laws and publication of certain notices when publication of the gazette impracticable 17. What is the object of interpretation of statutes answers. Some may be plain and have a straightforward meaning and some may be ambiguous and vague. The two main theories of statutory interpretation purposivism and textualismdisagree about how judges can best adhere to this ideal of. Discuss the rules of statutary interpretation with the. These rules each take different approaches to interpretation of a statute. Welfare, social and beneficial statutes are not to be construed strictly. Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. The underlying principle is that the meaning and intention of a statute must be collected from the plain and unambiguous expression used therein rather than from any notions.

But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Where they are possible of giving one and only one meaning there is no problem. Mar 26, 2017 expressio unius est exclusio alterius is a latin phrase that means express mention of one thing excludes all others. More often than not the statutes contain statement of objects and reasons and also a preamble both of which provide guidelines for interpreting the true meaning of the words and expressions used in the statute. This is one of the rules used in interpretation of statutes. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. External aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc. Treatises on statutory con struction deal both with rules governing the operation of stat. One of the reasons for the dismal state of statutory.

Download interpretation of statutes and principles of legislation book pdf for 2nd year students. This article thus reframes the theory of statutory and constitutional interpretation, distinguishing purely linguistic questions from legal questions to which language. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas non statutory aids are illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by case laws relating to the interpretation of statutes. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. What was the common law before the making of the act. When something is mentioned expressly in a statute it leads to the. The proper construction of a statute is a question of law. Interpretation of penal statutes contempt of court crimes.

What is the summary of the story bowaon and totoon. Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project. Following are the rules of the interpretation of statues. Factors which have influenced the shift in the mode of statutory interpretation are. Which one of the following statements is correct regarding interpretation of statutes a a statute has been defined as an advice of the legislature to people to do or not to do something b consolidating statute means a statute which consolidates several previous statutes relating to the same subject matter, with or without alteration of. The process of statute making and the process of interpretation of statutes are two distinct activities. The subject of the interpretation of statues or acts is very wide. Pdf the divergence of constitutional and statutory interpretation. The phrase indicates that items not on the list are assumed not to be covered by the statute.