Case law applies and interprets relevant statutes for the applicable jurisdiction. Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. . 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. The phrase 'Interpretation' has been derived from the Latin word 'Interpretari' which refers to elucidate, comprehend and construe. Interpretation is the process of explaining, expounding and translating any text or anything in written form. Meaning Of Interpretation Of Statutes The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. Law Commission website. Professor Sunstein suggests that both the conventional understandings of interpretation and the recent critiques are . The mischief rule of statutory interpretation is the oldest of the rules. The very concept of 'interpretation' connotes the introduction of elements which are necessarily extrinsic to the words in the statute. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. In terms of language, the definition of interpretation should be broader: rendering a spoken or signed message into another spoken or signed language, preserving the register and meaning of . the law of interpretation harvard law review. The term interpretation is taken from the Latin term "Interpretari" which literally means to explain, understand or translate In simple words, interpretation is the process to explain or translating any law or text which is in written form. To achieve the ultimate aim of Statutory Interpretation there are several internal and external guided rules. In statute include all type of law's provision i-e Section, Article, Order and Rules etc. An Aid, on the other hand is a device that helps or assists. Since It Is A Research-Oriented Subject, An In-Depth Study Is Necessary For Its Thorough Understanding. Its main aim is to determine the "mischief and defect" of the statute. While the words used in a statute cannot be "stretched beyond . The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly. 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. The entire statute is a whole unit with multiple parts or clauses, all of which work together. Generally, Statute can be classified with reference to its duration, Method, Object, and extent of Application. Justice G.P Singh marked the importance of interpretation of statutes. 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. What is interpretation? 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. It is the application of legislation and interpretation of courts when a statute involved. Interpretation Of Statutes, As A Subject Of Study, Has Evolved From The Basic Substantive And Procedural Laws. Interpretation of statutes has become a significant part of learning the law. A Rule is a uniform or established course of things. 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 . An Aid, on the other hand is a device that helps or assists. Interpretation is said to be the art of knowing the real law and there are certain rules of interpretation that need to be taken . Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Interpretation of statutes is a very important issue which is not made easy due to varying factors. The word 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or expound or to understand or translate. 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. 'Statute' in 'the Interpretation of statutes' refers to the statutory laws made by the legislature that is the parliament or the state legislatures. The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. Definition of Interpretation of Law . This is also referred to as statutory construction. Interpretation of statues to render justice is the . The subject of Interpretation of Statutes is a fundamental to the understanding of the law. A jurisdiction in this context is the relevant geographical area of legal authority, such as a specific state . Statutory interpretation is the process by which a court looks at a statute and determines what it means. These rules are more an approach because judges have to use good judgement when interpreting the legislation. Construction meaning In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Sometimes the words of a statute have a plain and straightforward meaning. NB: These are merely different approaches to statutory interpretation and they are not binding to the courts. 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 Statutory interpretation is the act or process of interpreting and applying legislation. 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 . Statutory interpretation is the process of interpreting and applying legislation to decide cases. Interpretation is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. But, in certain cases, more than one meaning may be derived from the same word or sentence. The Statutory Interpretation as defined by Justice Kirby, that construction of statute is the single most important aspect of legal and Judicial system. A. Statutory Text a. Statutory Definitions The court is to consider the purpose of the legislation, its context, and all relevant evidence of legislative intent. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. There are three rules of interpretation of statutes- Literal, Golden and Mischief. how is a statute made answers. The word 'statutory interpretation' is a word that we automatically connect with the legal field of studies. There are two kinds of interpretation, They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. This paper was laid before Parliament in response to a legislative requirement. Rather, it is deeply shaped by preexisting legal rules. Technical language will be explained clearly and in-text citation will be used as appropriate accompanied by a complete reference list in Harvard style. Elmer Driedger in the first edition of his text, in 1974, stated what he [] Rate this post Abstract. 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. cpjcollege Follow Advertisement Recommended interpretation of statutes Anjani Kumar Pandey 7118910 interpretation-of-statutes Aditya Singh CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION The most important threat for court while interpreting statute in to find the "intention of the legislature. application of the various rules and approaches to statutory interpretation. Literal Rule The starting point where the courts are interpreting legislation is in the statute natural meaning, the Literal rule. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. 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 . DISTINCTION: (e.g. Objective of Interpretation. Internal Aids This has been a new initiative from GOODWORD and we hope that it 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. A statute may preclude a specific demonstration, coordinate a specific demonstration, make an assertion, or put forward administrative systems to help society. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j These words are often a simple description of the law but there are times when the complications of the words can meddle with the judgment . the purpose of the legislation or statutory scheme in which the language is found. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. Interpretation of statutes is the understanding of the language of a statute in the most appropriate form. The interpretation of statutes is limited only to courts of law. This process is commonly adopted by the courts for determining the exact intention of the legislature. 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. 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.". Interpretation has very important role in justice administration in the sense that . 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. In course of developing arguments, courts may . A statute is said to be the will of the legislature. To achieve a Distinction your work will show..) 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 . Jurists take the help of both Rules and Aids in the interpretation of Statutes. Interpretation of statutes is the correct understanding of the law. The interpretation of statutes is a complex area of law and also an essential one. 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. The mischief rule was established in Heydon's Case in 1584. Throughout, your work will be well structured and expressed. Thus, Interpretation is the process which is employed by the judiciary to ascertain or to determine the meaning of the statutes or legal provision. Hence, interpretation is deemed necessary. There are three rules of interpretation of statutes- Literal, Golden and Mischief. 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. This helps in finding out the intention of the author. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. the widespread acceptance that legal interpretation seeks the meaning of a statute or constitutional provision most likely reflects some combination of 1) a lack of clarity about the sense in which the term "meaning" is being used; 2) misunderstandings about what linguistic meaning is; 3) a conflation of a provision's linguistic meaning with its To elaborate the meaning of statutes the Judges various techniques and methods of statutory . 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 arrives at the true and correct intention of the law-making body which is laid in the form of statutes. interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. statute interpretation everything important to know about it. It is the process of determining the true meaning of . 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. This basically involves an act of discovering the true meaning of the language which has been used in the statute. the Legislature behind enacting any particular statute or law. There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. 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. Interpretation is the process of defining, translating, or expounding any text or phrase in a written form. Based on the Compilation made by Eric B. Appleby (2007): Introduction and the modern principle The leading Canadian text on the interpretation of statutes is Sullivan and Driedger on the Construction of Statutes. 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. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. 2) What are Types of Statutes. The three traditional rules of interpretation are: The Literal rule The Golden rule The Mischief rule. A statute is a composed law gone by a council on the state or government level. Knowledge Of The Basic Laws Is An Essential Requirement For The Study Of Interpretation Of Statutes. statutary interpretation with the. Statutes put forward general recommendations of law that courts apply to particular circumstances. The same context applies to key words or phrases that are used throughout the statute. According to Salmond, "Interpretation" is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.