Where this intention is proclaimed in clear terms expressly or by necessary implication the assistance of these rules need not be sought. Where they are possible of giving one and only one meaning there is no problem. Text book dealing with the interpretation of law in south africa. True special rules of interpretation are not necessary because ambiguities in. Statutory interpretation is the process of interpreting and applying legislation to decide cases.
The apex court laid down that when the words of a statute are plain,clear and unambiguous i. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. These rules each take different approaches to interpretation of a statute. Income tax laws commentaries interpretation of statues. Tandon interpretation of statutes 5 bindra interpretation of statutes 6 cross interpretation of statutes 7 g. 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 of how scope of practice applies to a s tudent enrolled in a course sp077phsems interpretation of rapid infuser system in 9 a. The aim of this chapter is to provide a brief introduction to the interpretation of statutes. When something is mentioned expressly in a statute it leads to the. A quality pdf writer and pdf converter to create pdf. Statutory interpretation case western reserve university school of. 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. An evaluation of the rules of statutory interpretation.
Discuss the rules of statutary interpretation with the help of decided cases. One of the reasons for the dismal state of statutory. Logically, one might think, legislatures should interpret statutes since interpretation is a legislative process, even if on a reduced scale, but conventionally in common law jurisdictions courts interpret statutes. Interpretation of statutes and principles of legislation. 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. 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. Interpretation of statutes and principles of legislation book pdf. The process of understanding expressions of the statute is called interpretation of statute. Some editorial choices were made in the process of combining and reproducing the authors lists. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. And then, there has been criticism made as to the utility of definition clause or the interpretation clause. Interpretation of statutes pdf notes, ebook for law llb.
Introduction the interpretation of laws is confined to courts of law. Pdf arguments of statutory interpretation and argumentation. 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. Because primary meaning tends to merge with meaning. Despite this, there has been an inclusion of definition clause in most of the statutes so created, whether in the indian statutes or the statutes abroad. The process of statute making and the process of interpretation of statutes are two distinct activities. Following are the rules of the interpretation of statues. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Generally, the words of a statute have a plain and straightforward meaning. Rules of presumption and statutory interpretationinstructions 1 copyright sovereignty education and defense ministry, litigation tool 01. Income tax laws interpretation of statutes taxmann.
The law commission was set up by section 1 of the law commissions act 1965 for the purpose of promoting the reform of the law other than the law of scotland or of any law of northern ireland which the parliament of northern ireland has power to amend. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Interpretation of statutes is a craft rather than a science.
Such categories often merge with each other, but they can be classified in figure 1. Interpretation of statutes continued law, university of kashmir. Internal aid of interpretation introduction statute generally means the law or the act of the legislature authority. 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. Discuss the rules of statutary interpretation with the. For this rules which help to get the right interpretation of law are discussed below. This file may not be suitable for users of assistive technology. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Sometimes the words of a statute have a plain and a straightforward meaning. Interpretation thus is a familiar process of considerable significance.
This is one of the rules used in interpretation of statutes. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in mind in read more. It is an elementary principle of construction of statutes that the words have to be read in their literal sense. Statutory interpretation lecture notes law teacher. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. On the interpretation of statutes internet archive. The interpretation of statutes hc 256 created date. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. Interpretation of statutes 3 vepa sarathi interpretation of statutes 4 m. Introduction to statutory interpretation 5 statutes played a key role from the beginning. Factors which have influenced the shift in the mode of statutory interpretation are.
The various methods of statutory interpretation that have been developed by the courts over the years of the british legal system are a common law concept. I have shared brief and tothe point notes that will help you revise this subject in quick time. The subject of the interpretation of statues or acts is very wide. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Maxwell on the interpretation of statutes by langan, p. The phrase indicates that items not on the list are assumed not to be covered by the statute. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. Interpretation of statutes basic knowledge llb notes.
Interpretation of statutes strict construction of taxing statutes. Buy interpretation of statutes book online at best prices in india on. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. To use paul finns expression, we were born to statutes. 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. Some amount of interpretation is often necessary when a case involves a statute. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication.
Statutory interpretation is the process by which courts interpret and apply legislation. The rules of statutory exegesis are intended as aids in resolving any doubts as to the legislatures true intention. A director researchfaculty member punjab judicial academy the term statute is usually used as interchangeable with the. Statute interpretation research by qaiser javed mian llb,llmu. Chapter 1 introdution to interpretation of statutes.
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