To achieve a Distinction your work will show..) Interpretation Of Statutes, As A Subject Of Study, Has Evolved From The Basic Substantive And Procedural Laws. Statutory interpretation is the act or process of interpreting and applying legislation. The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. Interpretation of statutes is the understanding of the language of a statute in the most appropriate form. Interpretation is the process of defining, translating, or expounding any text or phrase in a written form. A jurisdiction in this context is the relevant geographical area of legal authority, such as a specific state . Hence, interpretation is deemed necessary. What is interpretation? It is the application of legislation and interpretation of courts when a statute involved. the purpose of the legislation or statutory scheme in which the language is found. Despite its importance, it is not taught as a separate subject but only as part of a general legal method, which dwindles the importance of this subject, to say the least. Knowledge Of The Basic Laws Is An Essential Requirement For The Study Of Interpretation Of Statutes. The entire statute is a whole unit with multiple parts or clauses, all of which work together. Read time: 14 min By Ankita Singh, RMLNLU INTRODUCTION The legislation can lay down legal definition of its own language, if such bodies are embodied in the code itself, it becomes binding on the courts. These rules are more an approach because judges have to use good judgement when interpreting the legislation. A. Statutory Text a. Statutory Definitions The word 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or expound or to understand or translate. Like other parts of the law, what we call "the law of interpretation" has a claim to guide the actions of judges, officials . The interpretation of statutes is limited only to courts of law. In statute include all type of law's provision i-e Section, Article, Order and Rules etc. Professor Sunstein suggests that both the conventional understandings of interpretation and the recent critiques are . 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. The word 'statutory interpretation' is a word that we automatically connect with the legal field of studies. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Interpretation is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. The same context applies to key words or phrases that are used throughout the statute. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. It is a familiar feature of law and legal practices. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. Elmer Driedger in the first edition of his text, in 1974, stated what he [] Rate this post statutary interpretation with the. The court is to consider the purpose of the legislation, its context, and all relevant evidence of legislative intent. how is a statute made answers. The very concept of 'interpretation' connotes the introduction of elements which are necessarily extrinsic to the words in the statute. The expression intention of the legislature is a shorthand reference to the meaning of words used by the legislature objectively determined with guidance furnished by the accepted . Interpretation of statutes is a very important issue which is not made easy due to varying factors. Throughout, your work will be well structured and expressed. This helps in finding out the intention of the author. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. The word interpretation is derived from the Latin term 'interpreter' which means to explain or explain or understand or translate and Statute means provision of law. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation -- the text, the legislative history, the purpose of the enacting Congress, and the structure of the statute. This has been a new initiative from GOODWORD and we hope that it List of key topics covered in Interpretation of Statutes PDF Notes, eBook for Law LLB Students: I have seen that the students have always felt a need for clarifying two . To elaborate the meaning of statutes the Judges various techniques and methods of statutory . The three traditional rules of interpretation are: The Literal rule The Golden rule The Mischief rule. Statutory interpretation is the process of interpreting and applying legislation to decide cases. statute interpretation everything important to know about it. In the complex area of Interpretation, recourse can be had to the Rules and Aids of Statutory Interpretation. Meaning of Interpretation of Statutes The term has been derived from the Latin word ' Interpretari" which means to explain, expound, understand, or to translate and to discovering the true meaning of the language which has been vested in the statute this process is commonly adopted in courts for determining the exact meaning of the legislature. Law Commission website. Statutory interpretation is the process by which a court looks at a statute and determines what it means. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. It is a ready-to-use gist for law students and the primary objective of this gist is to enable the reader to understand the in-depths of the subject and to provide exam oriented information. When the language of the statute is clear, there is no need for the rules of interpretation. application of the various rules and approaches to statutory interpretation. The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. Secondary Rules of Interpretation. It means the art of finding out the true sense of enactment by giving the words of the enactment, their natural and ordinary meaning. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. This paper was laid before Parliament in response to a legislative requirement. Justice G.P Singh marked the importance of interpretation of statutes. Rules of Interpretation. what is interpretation of statutes quora. Parliament makes laws and it is the duty of the courts to faithfully interpret the law and give effect to the intention of the legislature except where the provision in question is ultra vires the a statutory . [6] The term interpretation is defined as the process by which the Courts seek to ascertain the intent of the Legislature through the medium of the authoritative form in which it is expressed. The mischief rule was established in Heydon's Case in 1584. Interpretation in law is a rational process by which we understand a text. Objective of Interpretation. Internal Aids Nnamani JSC in the case of Bronik Motors ltd v Wema Bank held that "It is indeed one of the first rules of interpretation of statutes that words must be given their ordinary . The interpretation of fiscal legislation is to follow the ordinary rules of statutory interpretation. Interpretation has very important role in justice administration in the sense that . The penal statute which tends to deprive a person of right to life and liberty has to be given strict interpretation or else many innocent might become victims of discretionary decision making. Details This document contains the following information: The interpretation of statutes. Through interpretation, we come to know the normative message of a text. The word interpretation is derived from the Latin word "interpretari", which means to explicate, explain, know, or decode the language. There are three rules of interpretation of statutes- Literal, Golden and Mischief. Interpretation is said to be the art of knowing the real law and there are certain rules of interpretation that need to be taken . It is the process of determining the true meaning of . Salmond defines the interpretation of statutes as "interpretation or construction is the process by which the courts seek to ascertain the meaning of the legislation through the medium of the authoritative form in which it is expressed." Scope and need for Interpretation What The Interpretation of Statutes Is All About The interpretation of statutes is very essential to the administration of justice. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application. Various sources used are only limited to explore the written text and clarify what exactly has been indicated by the words used in the written text or the statutes. A Rule is a uniform or established course of things. the Legislature behind enacting any particular statute or law. This is also referred to as statutory construction. The parliament cannot judge cases on an individual basis so their general intent on what the law should be is passed through a form of . Salmond defines interpretation "Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed." Kinds of Interpretation of Law. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. The object behind the adaptation of this process by the Courts is for determining the true and exact intention of the law-making body of the government i.e. A statute may preclude a specific demonstration, coordinate a specific demonstration, make an assertion, or put forward administrative systems to help society. Interpretation involves the Act of discovering the true meaning of the language that is used in the statue. section 1 of the interpretation act nb definition the provisions of this act shall apply to the interpretation of every law (as in this act defined) in force, at or after the commencement of this act, in the republic or any portion thereof, and to the interpretation of all by-laws, rules, regulations or order made under the authority of any such Meaning Of Interpretation Of Statutes The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. Statutory Interpretation is the action through which the courts apply and interpret the legislation as some sum of Interpretation is necessary when there is a statute in a case. the law of interpretation harvard law review. A Statute is an edict of the Legislature and it must be construed "to the intent of them who make it" and "duty of the judicature is to act upon the true intention of the Legislature- the mens or sententia legis." Need For Interpretation In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary: 1. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. However, the sources used are only limited to inspect the written text and clarify the written text or statutes. In course of developing arguments, courts may . Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation.Although sometimes the words of a statute may have a plain meaning; in many cases there is some ambiguity in the words of the statute that must be resolved by the judge.To find the true meanings of statutes, judges use various . Definition of Interpretation of Law . This basically involves an act of discovering the true meaning of the language which has been used in the statute. What this entitles one to do, is to look at the situation prior to and during the passing of the Act, in order to interpret an obscure or ambiguous provision. . Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the Case, placed before it by the parties to the Case. Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j Interpretation of Statutes Notes Summary ( Journal) Week 1 Statutes - A written law which is passed, enforced or codified by a legislative body that governs the legal sanctity What is Interpretation of statutes & why we need it ?-Interpretation meaning to explain, reformed, not have synonyms the legal sanctity for clarity and better understanding-Because there is ambiguity, confusion or . Interpretation is used to discover the true meaning of the law and language used in the law or statute. Interpretation of statutes is necessary for the following three reasons: The complexity of Statutes: As mentioned earlier, laws are enacted by individuals who are experts in their particular fields and as a result, the provisions might be complex for a layman to understand. It is, therefore, necessary to interpret the statute to . The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. The rules or maxims or concepts that come under this category of rules of interpretation are generally considered as "Secondary" or "Subordinate" principles of interpretation. The basic definition of interpretation, according to the Webster dictionary is the "action of explaining the meaning of something; the way something is explained or understood.". I have shared brief and to-the point notes that will help you revise this subject in quick time. It is the principles developed by courts for interpreting statutes. A statute is a composed law gone by a council on the state or government level. The phrase 'Interpretation' has been derived from the Latin word 'Interpretari' which refers to elucidate, comprehend and construe. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. Court system has established a broad and comprehensive framework of laws over decades to instruct themselves in the formation or application of laws. Insofar as taxation statutes are concerned, Article [] Abstract. Interpretation of statutes has become a significant part of learning the law. The Primary rules for statutory interpretation include; Literal/Plain Meaning Rule, the Golden rule, the Mischief Rule/The Heydon's case Rule, and the Purposive/teleological approach rule. An Aid, on the other hand is a device that helps or assists. The "whole act" rule of statutory interpretation guides you to use consistent definitions of a word or phrase throughout the text. The interpretation of statutes is a complex area of law and also an essential one.