The interpretation of statutes hc 256 created date. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. In this act unless the contzxt otherwise requires short title. 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. Secondly, the growth in the size and importance of the laws made by and under parliament has also led to changes in the rules applicable in australia to the performance of statutory construction. Legal formalism, legal realism, and the interpretation of. This is the practical side of statutory interpretation. Pdf file for a united states statutes at large volume. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1.
A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Interpretation of statutes and the constitution richard a. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as. Where they are possible of giving one and only one meaning there is no problem. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. Statutory interpretation is the process by which courts interpret and apply legislation. Posner a current focus of legal debate is the proper role of the courts in the interpretation of statutes and the constitution. Constitution and statutes legislature of the state of wyoming. Cardinal rules for interpretation of taxing statutes. 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. That presupposes there is unwritten law, a subject too deep for this publication. These compilations of public laws, as amended, are.
Repealed, 1984 c 480 s 22 repealed, 1984 c 480 s 22 repealed, 1984 c. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. Interpretation of statutes and principles of legislation book pdf. An empirical examination of agency statutory interpretation. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. To construe andor interpret a statute the whole of the statute is to be taken into consideration to know the over all and ultimate intention of the legislature whether about public policy or a specific matter. This is the most widely used rule of interpretation in taxing statutes.
The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Statutory interpretation advantages and disadvantages. It is a central, essential skillan area of law in itself. Statutory interpretation lecture notes law teacher. To view search results in a pdf file click on the preferences link above and check view documents as pdf when available. Important maxims related to interpretation of statutes. 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. The interpretation of statutes hc 256 welcome to gov. A guide to reading, interpreting and applying statutes. Wisconsin statutes wisconsin legislative documents. If you perform a search using the search boxes above, the results will be presented in the. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. 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.
Wyoming statutes, constitution, and noncodified water laws wyoming statutesfiles in download format. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. This task is not as easy one and further difficulties arise on account of variety. Interpretation of statutes basic knowledge llb notes. One of the reasons for the dismal state of statutory. In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Search by keyword for example, documents with compensation in the full text of the. This is one of the rules used in interpretation of statutes. Statutory interpretation is not just one extra skill for lawyers to have. Statutes at large govinfo government publishing office. Analysis of statutory interpretation beyond the realm of the federal courts is long overdue,3 as jerry mashaw has observed. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. This approach to statutory interpretation is based upon various assumptions and a basic common sense approach to interpreting a statute.
Discuss the rules of statutary interpretation with the. This webpage by the law library of congress provides statutes at large. Legislation is sometimes referred to as written law, a term the interpretation act 1984 s. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute. The phrase indicates that items not on the list are assumed not to be covered by the statute. If a statutory provision is open to more than one interpretation then the court has to choose that interpretation which represents the true intention of the legislature. Chapter 1 introdution to interpretation of statutes. Sundaram iyyengar 1975 101 itr 764 sc if the language of the statute is clear and unambiguous, the court cannot discard. Hi frends i m uploading my notes of interpretation of statutes i have seen many students leave this topic this topic is very important for ca final 1 question is will come for sure many students think that it is a difficult topic but belive me this is most easiest topic in law take these n. Statutory interpretation is the process of interpreting and applying legislation to decide cases.
It does not require someone to interpret the fine points of a statute. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. 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 caselaws relating to the interpretation of statutes. Nevertheless, the high court of australia by its actual analysis, as shown in the above decisions, has indicated the current approach to statutory interpretation involving the use of text, context and purpose. On analysis, it is clear that courts under common law jurisdiction are wary of accepting parliamentary history as an external aid to interpretation of the statute. Interpretation is the process of discovering the true meaning of the language used in a statute. Interpretation 5 a01 8ofl%8, 3of m, ist april, 2968. Interpretation of statutes and principles of legislation. How to read legislation department of the attorney general. Download interpretation of statutes file in pdf format. Vehicle, documents contaning the term vehicle, in any combination of upper and lowercase letters. Statutes wisconsin legislative documents wisconsin.
Some amount of interpretation is often necessary when a case involves a statute. When the language of the statute is clear, there is no need for the rules of interpretation. How to read legislation, a beginners guide 4 other descriptions of legislation. Ios 2601 multiple choice questions special rules of interpretation are necessary because ambiguities in. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Clicking on the icon next to the title presents the chapter as a pdf file. See also the what is the directory structure for the texts. This form prevents abuses of words of art to confuse and deceive people, such as united states, state, citizen.
If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. On the interpretation of statutes internet archive. If an environmental law prohibits the dumping of chemical wastes in protected areas, it is axiomatic that such behavior is acting against the law. Introduction statute generally means the law or the act of the legislature authority. There is a tremendous output of federal, state and territory legislation. 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. Attach it as an exhibit to the memorandum of law you file with your pleading or motion in a federal court.
Generally, the words of a statute have a plain and straightforward meaning. Interpretation of statutes as per the law for ca final and others. Faq for information about file content and naming conventions. Kodi archive and support file vintage software community software apk msdos cdrom software cdrom software library console living room software sites tucows software library shareware cdroms software capsules compilation cdrom images zx spectrum doom level cd.
1137 253 1181 1221 296 643 1413 118 227 1473 1515 977 1080 250 1620 562 675 1123 534 733 320 1328 319 705 936 479 1428 1554 833 1258 1231 1266 1412 979 504 75 88 77