Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. If you perform a search using the search boxes above, the results will be presented in the. Discuss the rules of statutary interpretation with the. Interpretation of statutes and principles of legislation book pdf. In this part we will explore the number of rules developed by the courts to assist with the interpretation of 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. That presupposes there is unwritten law, a subject too deep for this publication. Statutory interpretation is the process of interpreting and applying legislation to decide cases. It is a central, essential skillan area of law in itself. 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. Download interpretation of statutes file in pdf format. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as. Act used with reference to legislation means any statute. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication.
Posner a current focus of legal debate is the proper role of the courts in the interpretation of statutes and the constitution. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Search by keyword for example, documents with compensation in the full text of the. Important maxims related to interpretation of statutes.
This is the most widely used rule of interpretation in taxing statutes. Generally, the words of a statute have a plain and straightforward meaning. Interpretation of statutes and principles of legislation. Interpretation 5 a01 8ofl%8, 3of m, ist april, 2968. The phrase indicates that items not on the list are assumed not to be covered by the statute. As far back as 1969 the law commission recommended that the mischief rule should be the only rule used in statutory interpretation. These compilations of public laws, as amended, are. To view search results in a pdf file click on the preferences link above and check view documents as pdf when available.
In this act unless the contzxt otherwise requires short title. Vehicle, documents contaning the term vehicle, in any combination of upper and lowercase letters. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. Statutory interpretation is not just one extra skill for lawyers to have. 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.
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. Faq for information about file content and naming conventions. The interpretation of statutes hc 256 created date. Sundaram iyyengar 1975 101 itr 764 sc if the language of the statute is clear and unambiguous, the court cannot discard. Statutory interpretation is the process by which courts interpret and apply legislation.
This task is not as easy one and further difficulties arise on account of variety. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. This is the practical side of statutory interpretation. 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. Interpretation is the process of discovering the true meaning of the language used in a statute. Interpretation of statutes basic knowledge llb notes. 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. 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. How to read legislation, a beginners guide 4 other descriptions of legislation.
A guide to reading, interpreting and applying statutes. One of the reasons for the dismal state of statutory. Constitution and statutes legislature of the state of wyoming. How to read legislation department of the attorney general. Legal formalism, legal realism, and the interpretation of. Ios 2601 multiple choice questions special rules of interpretation are necessary because ambiguities in. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. Where they are possible of giving one and only one meaning there is no problem.
Cardinal rules for interpretation of taxing statutes. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Pdf file for a united states statutes at large volume. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. This form prevents abuses of words of art to confuse and deceive people, such as united states, state, citizen. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. There is a tremendous output of federal, state and territory legislation. Statutory interpretation lecture notes law teacher.
Legislation is sometimes referred to as written law, a term the interpretation act 1984 s. An empirical examination of agency statutory interpretation. Repealed, 1984 c 480 s 22 repealed, 1984 c 480 s 22 repealed, 1984 c. If an environmental law prohibits the dumping of chemical wastes in protected areas, it is axiomatic that such behavior is acting against the law. Clicking on the icon next to the title presents the chapter as a pdf file. Statutory interpretation advantages and disadvantages. 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. Introduction statute generally means the law or the act of the legislature authority. This approach to statutory interpretation is based upon various assumptions and a basic common sense approach to interpreting a statute. 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. Interpretation of statutes as per the law for ca final and others. See also the what is the directory structure for the texts. It does not require someone to interpret the fine points of a 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. 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. The interpretation of statutes hc 256 welcome to gov. 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.
Attach it as an exhibit to the memorandum of law you file with your pleading or motion in a federal court. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Wyoming statutes, constitution, and noncodified water laws wyoming statutesfiles in download format. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources.
Analysis of statutory interpretation beyond the realm of the federal courts is long overdue,3 as jerry mashaw has observed. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. This is one of the rules used in interpretation of statutes. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. 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. On the interpretation of statutes internet archive.
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