Interpretation of statutes is a very important issue which is not made easy due to varying factors. It is the duty of the Court to interpret the Act and give meaning to each word of the Statute. The task of interpretation may vary in difficulty. No. Today, though capital punishment, not a big issues, still concerned not just with deprivation of liberty, but also with the stigma associated with a criminal offense. Interpretation of statutes is the correct understanding of the law. Or. 2. But if the words are vague and ambiguous then internal aid may be sought for interpretation. The person was held liable to be charge-sheeted. A statute is a formal expression of the will of the legislature. By this section whoever manufactures for sale, sells, stocks or exhibits for sale or distributes a drug without a licence, is liable for punishment. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. The Mischief Rule/Purposive construction. A. Statutory Text a. Statutory Definitions Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. Interpretation of legislation requires 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. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. Preamble of the statute. 3. Context Principles of Statutory Interpretation. The fundamental principle of statutory interpretation is that "the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature". Public laws are first published as slip laws and are subsequently bound into the Statutes at Large. NOTES Interpretation of Statutes IOS201-6 1. [26]Law Commission , A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes {Law Comm. [26]Law Commission , A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes {Law Comm. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Statutory interpretation and the role of the courts (worksheet 1.1.6) 1 Statutory interpretation and the role of the courtsTEACHER NOTES Level year: Year 11 Worksheet number: 2.2.2 Curriculum context Related worksheets Legal Studies 2019 (General Senior Syllabus): Unit 1, Topic 1: Legal foundations Secondary Rules of Statutory Interpretation. INTERNAL AIDS . 3. How Judges Read the Statute Laws of Parliament Role of the Courts. Interpretation of statutes has been an essential part of English law since Heydon's Case in 1854 and although it can seem complex, the main rules used in interpretation are easy to learn. Human Right & Int. Universal Law Publication, EDN.12, 2008. 15) Which of the following is an internal aid in the Interpretation of Statute LL.B (New Syllabus) by Prof A. U. Pathan. IOS2601-interpretation of statutes notes. Statutes can be classified by object, by method, by reference to duration - 1) Classification by object - a) Declaratory Statutes - Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any Statute such Acts are held to be retrospective. 3. Go to Google Play Now Interpretation Of Statutes. The Internal Aids are those which are found within the statute. The interpretation of legislation in general, and the interpretation of tax legislation in particular, is complex. 1987 SC. Family Law 2nd (Muslim Law) Unit 2. There are numerous rules of statutory interpretation. The first rule and most important rule is the rule dealing with the statute's plain language. This rule essentially states that the statute means what it says. If, for example, the statute says "vehicles," then the court is going to assume it means vehicles and not "planes" or something else. Why can statutes not be interpreted in a mechanical or rule-like fashion? According to Salmond, interpretation or construction is the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. LLB Paper Code: 410 (8th Sem) Subject: Interpretation of Statutes Objective: The paper is to equip the LDEL 3714 2015 Test 3 SCL1501-interpretation of statutes exam notes Notes 1 PVL3702 Extract Law of contract Chapter 5 Gyekye - Prescribed. Long title of the statute. Course: Interpretation of Statutes outside the statutes) A. Download Law Notes for CA Inter Jan/Feb 2021 Exams - Revision Capsule by ICAI, Law Book by Amit Popli Sir, Company Law & Other Law Notes by Darshan Khare Sir, etc. The approach of statutory interpretation summary. These are: the literal rule the golden rule the mischief rule the purposive approach. 1 Canadian law provides for a purposive interpretation of statutes. Contents: Module 01: Introduction IOS2601-interpretation of statutes notes. When the language of the statute is clear, there is no need for the rules of interpretation. Meaning of Interpretation. Operation of statutes; Expiry and repeal of statutes; 1897 with notes ISBN 9789351436379 (hardback) 9351436373 (hardback) In the Canadian Interpretation Act, under the heading "Rules of Construction" it is stated: "12. 2 Whitney v. LDEL 3714 2015 Test 3 SCL1501-interpretation of statutes exam notes Notes 1 PVL3702 Extract Law of contract Chapter 5 Gyekye - Prescribed. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Ever)' enactment is deemed remedial, and shall be given such fair large and liberal construction and interpretation as best ensures the attainment of its objects." One of them is that words do not usually have static meanings. 2) Commencement, operation and repeal of statutes. NOTES Interpretation of Statutes IOS201-6 1. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. Unit 2nd Note 2nd Sem LL.B 3 Year Course. 2) # P. J. Fitzgerald, Salmond on Jurisprudence. Interpretation of Statutes Notes, Case Laws and Study Material. Logical Interpretation of Statutes Logical Interpretation means such an interpretation which passes the of-arguments and which fulfills the intention of the legislature. within statutes) or external aids to interpretation (i.e. But, in certain cases, more than one meaning may be derived from the same word or sentence. Statute that mandates the doing or refraining from doing certain acts and prescribes penalties for non-observance. Note 2. Related Studylists IOS2601 Notes IOS 2601 DOCUMENTS. 4. Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculation, and other background data relevant to interpretation of the results obtained 5 Comments. Study Material 2. The purpose of interpretation is always to find out what the statute stands for, what is the defect it intends to remove and what is the remedy it seeks to advance[1]. INTERPRETATION OF STATUTES Anurag Deep* I INTRODUCTION RULES OF interpretation provide strong base for the super structure of judicial reasoning. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. The inclination of the legislatures is not to regulate that or restrict it within the constraints, that the Court can consider fair or necessary. In the Canadian Interpretation Act, under the heading "Rules of Construction" it is stated: "12. The most common rule of interpretation is that every part of the statute must be understood in a harmonious manner by reading and construing every part of it together. The proper construction of a statute is a question of law. Here are the best resources to pass IOS2601 Interpretation of Statutes (IOS2601) at University of South Africa (Unisa). These class notes are aimed at providing students the understanding and knowledge of some of the most popular maxims of statutory interpretation and to explain their usage and application in advocacy and in the construction of statutes carried out by various High Courts and the Supreme Court of India and the foreign courts as well. Interpretation of statutes is the correct understanding of the law. interpretation of statutes as In the performance of this duty the judges do not act as computers into which the statutes and the rules and expect mathematically correct answers. Punctuations. 33). interpretation of Smritis also. Marginal notes are inserted at the side of the sections in an Act and express the effect of the sections stated. In the past, the marginal notes were also referred to as aid to construction, but now as per majority Opinion, they This then makes the interpretation of statutes not as simple as one would think. The aids for interpretation may be divided into two categories, namely, Internal and External. 1. 3) Purpose of Interpretation of Statutes Chapter II Aids to interpretation - Internal Aid 1) Title 2) Preamble 3) Headings & Marginal notes. 6. In construing penal statutes and taxation statutes, the Court has to apply strict rule of interpretation. 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. The process of statute making and the process of interpretation of statutes are two distinct activities. Every source of law finds its expression in a language. Spread the loveYou can grab notes for other law subjects from here. Justice G.P Singh marked the importance of interpretation of statutes. Typically, statutes command or prohibit something, or declare policy. 3. or to compare laws of different countries, or to compare more than two municipal laws of the nation, to know the consequences of implementation of law, or effects of that law on the society. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service Summary In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. Interpretation of Words In Penal Statutes, words should be construed in their simple and natural sense. Course: Interpretation of Statutes There is an extensive body of legal literature on statutory interpretation Statutory Interpretation Lecture. Therefore the rule of Harmonious Construction and Beneficial Construction both play an important in the interpretation of statutes and are two important rules of interpretation. 4. Law of Crime (IPC) Unit. The task of interpretation may vary in difficulty. The basic purpose of interpretation is to help understand the various statutes and provisions of law. Law Unit 2. Introduction. the usage of some words change with time. S. P. Law Classes Notes on Interpretation of Statutes (IOS) for BA. Overview of Chapter . 1.2. 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. Question. Preview text Download Save. Statutes can be classified based on subject matters they deal with, their underlying objectives, and different types of the law-making process. For dealing with such ambiguity, interpretation of statutes comes into picture. Proclamation establishing three different time zones in Nunavut, for the purposes of the definition of standard time in the Interpretation Act (SOR/2001-182) Date modified: 2021-07-12 Principles of statutory interpretation : including the General Clauses Act, 1897 with notes. The rule of ________must be applied with caution because it implies a departure from the natural meaning. of the words order to give effect to the supposed intention of the legislature. A. Statutory Text a. Statutory Definitions Hello Friends, Welcome Back to Finology Legal!In todays Video Let us understand the Rules of Interpretation! The last two rules emphases on the phraseology of the Act and look deeper beyond the ordinary. (c) Hazard assessment. Interpretation of Statutes Literal rule: The first and most elementary rule of construction is that it is to be assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, and otherwise in their Continue reading "Interpretation of Statutes Law School Notes" (Law Commission of India, 60th Report, Chapter 2, para 2.2). Where section 27 of the Drugs and Cosmetics Act, 1940 came up for construction. They may be as follows:- 1. The power to make the rules governing the electoral process is perhaps the most important power conferred by the Constitution. It is extremely important and infact necessary also that the Courts interpret the law in such a manner that Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Interpretation of a statute meant the difference between life & death for the accused. These notes cover the topics of basic principles of interpretation which includes 1. Language to be read as it is, 2. View interpretation_of_statutes_notes.pdf from IOS 2016 at University of South Africa. Statutes are the main source of law. Statutory Interpretation. 4) Sections & Sub-sections 5) Punctuation marks 6) Illustrations, inceptions, provision & It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from its preceding and succeeding words A Court invokes the rule which produces a result that satisfies its sense of justice in the case before it The literal rule is The term Interpretation has been derived from the Latin term interpretari which means to explain or understand. Hamiltons justification: a. judges exercise judgment, not will (will is to be exercised by the people) i. statutory interpretation example (judgment based on intent of the people, rather than ideology of the judge) ii. Hamilton: if judges can interpret statutes, they can accurately interpret interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. Interpretation of Statutes Literal rule: The first and most elementary rule of construction is that it is to be assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, and otherwise in their Continue reading "Interpretation of Statutes Law School Notes" In legal context, interpretation means the act of interpreting and deciphering the intent behind a statute. Civil remedies and saving 7 7. Category: Corporate and Other Laws. 6(3)(79)/2002-LC(LS), 2002}para 8. Review of TSCA Title II requirements for inspection and management plans for school buildings as given in section 203(i)(1) of TSCA Title II; interpretation of field data and laboratory results; comparison of field inspector's data sheet with laboratory results and site survey. The concept of interpretation of a Statute cannot be static one. He suggested that: a court invokes whichever of the rules produces a result that satisfies its sense of justice in the case before it. WHAT IS THE INTERPRETATION VALUE OF THE PREABLE IN THE CONSTITUTION OF INDIA The interpretational value of the Preamble can be studied in three dimensions 1. Preamble assisting the interpretation of provisions of the constitution itself. Aids to interpretation of statutes An Aid is considered as a tool or device which helps in interpreting a statute, the court can take help from internal aids to interpretation (i.e.