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 . Case law applies and interprets relevant statutes for the applicable jurisdiction. Interpretation Of Statutes, As A Subject Of Study, Has Evolved From The Basic Substantive And Procedural Laws. Interpretation of Statute Lecture 1 - YouTube Court system has established a broad and comprehensive framework of laws over decades to instruct themselves in the formation or application of laws. Interpretation of statutes is a very important issue which is not made easy due to varying factors. [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. Meaning Of Interpretation Of Statutes The term has been derived from the Latin term 'interpretari', which means to explain, expound, understand, or to translate. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. It is a familiar feature of law and legal practices. Interpretation is the process of explaining, expounding and translating any text or anything in written form. 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. Interpretation is said to be the art of knowing the real law and there are certain rules of interpretation that need to be taken . To achieve the ultimate aim of Statutory Interpretation there are several internal and external guided rules. I have shared brief and to-the point notes that will help you revise this subject in quick time. 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. 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. Interpretation of Statutes - The Purposive Approach - Legal Services India how is a statute made answers. Throughout, your work will be well structured and expressed. The doctrine originates in Heydon's case where the Barons of the Exchequer resolved that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: 1. what was the common law before the making of the Act; So what the interpreter really has to do, is to turn to history to show what facts existed to bring about a statute. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. The entire statute is a whole unit with multiple parts or clauses, all of which work together. This has been a new initiative from GOODWORD and we hope that it Interpretation is an important aspect of the practice of law. . What is strict interpretation of statutes?, - Directory of Legal The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. It is the principles developed by courts for interpreting statutes. Interpretation of Law Study Material - INTERPRETATION OF LAW WHAT IS Introduction to Interpretation of Statutes - The Fact Factor 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. 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 . The "Purposive" Approach to Statutory Interpretation: What Does it Mean? statute interpretation everything important to know about it. 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. Interpretation of Statutes - Usha Jaganath Law Series Interpretation Of Statutes In India | Hello Counsel It is the application of legislation and interpretation of courts when a statute involved. 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 Rule is a uniform or established course of things. All About Interpretation Of Statutes - Law Corner Although legislature makes the Statute, it may be open to interpretation and have ambiguities. List of key topics covered in Interpretation of Statutes PDF Notes, eBook for Law LLB Students: Interpretation of Statutes Law Notes Interpretation of - Scribd Statutory interpretation is the act or process of interpreting and applying legislation. The term/ phrase "Interpretation of Statute" is union of two terms Interpretation and Statute. Insofar as taxation statutes are concerned, Article [] cpjcollege Follow Advertisement Recommended interpretation of statutes Anjani Kumar Pandey 7118910 interpretation-of-statutes Aditya Singh CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION the purpose of the legislation or statutory scheme in which the language is found. 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 . There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. Law Commission website. Statutory Construction - US Law | LII / Legal Information Institute Details This document contains the following information: The interpretation of statutes. Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. However, the sources used are only limited to inspect the written text and clarify the written text or statutes. Interpretation of Statutes-1.pdf - Interpretation of - Course Hero What The Interpretation of Statutes Is All About The interpretation of statutes is very essential to the administration of justice. 4 Rules for the Interpretation of Statute - Legal Study Material Interpretation of Statutes - Academike Definition of Interpretation of Law . Secondary Rules of Interpretation. PDF A Guide to Reading, Interpreting and Applying Statutes The word interpretation is derived from the Latin word "interpretari", which means to explicate, explain, know, or decode the language. Legal Interpretation - Stanford Encyclopedia of Philosophy It means the art of finding out the true sense of enactment by giving the words of the enactment, their natural and ordinary meaning. 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 - Federal Legislative History - LibGuides at Interpretation of Statutes - Legal Readings 2) What are Types of Statutes. 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. Interpretation of Statutes - Legal Services India 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. Types of Statute | Law of Interpretation of Statutes 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. Interpretation of statues to render justice is the . The mischief rule was established in Heydon's Case in 1584. 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 . Brief regarding Rules of Interpretation of statutes - TaxGuru The three traditional rules of interpretation are: The Literal rule The Golden rule The Mischief rule. [PDF] Brief Regarding Rules of Interpretation of Statutes Interpretation is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. Sometimes the words of a statute have a plain and straightforward meaning. "INTERPRETATION OF STATUTES". Interpretation is the process of defining, translating, or expounding any text or phrase in a written form. Interpretation of Statutes: General introduction - StrictlyLegal 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. Knowledge Of The Basic Laws Is An Essential Requirement For The Study Of Interpretation Of Statutes. 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 OF STATUTE - SlideShare An Aid, on the other hand is a device that helps or assists. This paper was laid before Parliament in response to a legislative requirement. Interpretation has very important role in justice administration in the sense that . When the language of the statute is clear, there is no need for the rules of interpretation. The interpretation of statutes is limited only to courts of law. Free Law Tutorial - Interpretation of Statutes | Udemy The word 'statutory interpretation' is a word that we automatically connect with the legal field of studies. What is a Statute? - Definition & Laws - Study.com RULES OF INTERPRETING A STATUTE | Legal Readings Interpretation Of Statutes - Law Insider India 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 . It is the process of determining the true meaning of . MAXIMS IN INTERPRETATION OF STATUTES - Lawgic Stratum For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. 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. The phrase 'Interpretation' has been derived from the Latin word 'Interpretari' which refers to elucidate, comprehend and construe. Introduction to Interpretation of Statutes - LawPage For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. Interpretation - Meaning, Objective And Basic Principles - Law Corner They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. All about the Interpretation of Statutes - Our Legal World The subject of Interpretation of Statutes is a fundamental to the understanding of the law. It is a process that "extracts" the legal meaning of the text from its semantic meaning.13Interpreters translate the "human" language into "legal" lan-guage. Statute Interpretation : Everything important to know about it - iPleaders In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. Objective of Interpretation. The Major canons of interpretation are: 1. 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. PDF Interpretation Of Statutes Made Easy With Quizzes And Exercises Importance of Statutory Interpretation in the f 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. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Meaning, Concept and Purpose of Statutory Interpretation Interpretation of Statutes | PDF | Statutory Interpretation | Bail Brief Overview of Rules for Interpretation of Statutes - Taxmann Blog A statute is said to be the will of the legislature. 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. Like other parts of the law, what we call "the law of interpretation" has a claim to guide the actions of judges, officials . Statutory interpretation is the process by which a court looks at a statute and determines what it means. 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 - The Indian Law Thus, Interpretation is the process which is employed by the judiciary to ascertain or to determine the meaning of the statutes or legal provision. Interpretation of Statutes - Notes, Case Laws and Study Material Technical language will be explained clearly and in-text citation will be used as appropriate accompanied by a complete reference list in Harvard style. The Interpretation of Statutes - LawTeacher.net In course of developing arguments, courts may . How to Interpret Statutes: 13 Steps (with Pictures) - wikiHow Life Hence, interpretation is deemed necessary. There are three rules of interpretation of statutes- Literal, Golden and Mischief. Statutory interpretation is the process by which a court looks at a statute and determines what it means. Justice G.P Singh marked the importance of interpretation of statutes. Statutory interpretation - Wikipedia Abstract. The "whole act" rule of statutory interpretation guides you to use consistent definitions of a word or phrase throughout the text. 'Statute' in 'the Interpretation of statutes' refers to the statutory laws made by the legislature that is the parliament or the state legislatures. Interpretation of Law, Definition and Kinds, Literal & Functional In statute include all type of law's provision i-e Section, Article, Order and Rules etc. Since It Is A Research-Oriented Subject, An In-Depth Study Is Necessary For Its Thorough Understanding. Rules of Interpretation. There are three rules of interpretation of statutes- Literal, Golden and Mischief. (PDF) INTERPRETATION OF STATUES - ResearchGate These rules tell us what legal materials to read and how to read them. An Aid, on the other hand is a device that helps or assists. 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 NB: These are merely different approaches to statutory interpretation and they are not binding to the courts. To elaborate the meaning of statutes the Judges various techniques and methods of statutory . 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 Statutory Interpretation as defined by Justice Kirby, that construction of statute is the single most important aspect of legal and Judicial system. what is interpretation of statutes quora. Interpretation of Statutes | PDF | Statutory Interpretation - Scribd The same context applies to key words or phrases that are used throughout the statute. Interpretation of statute is an exercise by the courts to determine intention of parliament as expressed in the words of a statute. Interpretation of Statutes PDF Notes, eBook for Law LLB Students INTERPRETATION OF STATUTES COMPLETE SUMMARY - StuDocu Statutory Interpretation Law and Legal Definition | USLegal, Inc. The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. 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.". Explained: Literal Rule of Interpretation - LexForti INTERPRETATION OF STATUTES - The Jet Lawyer PDF 1. DEFINITION OF LEGAL INTERPRETATION - Princeton University This helps in finding out the intention of the author. DISTINCTION: (e.g. 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 . Internal Aids interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. Its main aim is to determine the "mischief and defect" of the statute. Introduction, Meaning and Nature of Interpretation - Legal Bites
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