There are certain general principles of interpretation which have been applied by Courts from time to time. Primary Rules of Interpretation are discussed hereunder. Rule of Literal Interpretation. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. When looking at statutory interpretation it’s vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes; words can become ambiguous, meaning that there can be misperceptions made about whether or not.
Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law. It is well known that an interpretation of the statute which harmonizes with its avowed object is always to be accepted than the one which dilutes it. International Approach The problem of statutory interpretation has been a matter of considerable judicial debate in almost all common law jurisdictions. Introduction The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Statutory interpretation consists of three main rules which are described as the. Apart from above brief submissions on interpretation of different statutes, many types of Internal and External aids are used for the purpose of interpretation of statute. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes..
Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. The court interprets statutes using the. the enactment of a statute. Therefore, it may well be that statutes will be interpreted by courts ‘in the light of common law principles of interpretation as those principles exist, not simply at the time of enactment, but also at the time of application.’8 I do not want to enter the debate of whether this involves. A supreme constitution must be given a generous and purposive interpretation: - Shabalala v The Attorney-General of Transvaal Nyamakazi v President of Bophuthatswana: It was held that a purposive interpretation of the CON is necessary, since it enables the court to take into account. The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a.
Methods of Interpretation: How the Supreme Court Reads the Constitution Lackland H. Bloom Jr Abstract. This book discusses in great detail the interpretive methods that the Supreme Court and individual justices have employed to discern and explain constitutional meaning from the. Although the law seems clear on this issue it often occurs that the facts or circumstances are not as clear cut as is desired, and some interpretation is required. The law makes a distinction between various methods of computation of time. There is what is referred to as the Common law method, and the statutory method of computation of the.
1: IntroductIon to Statutory InterpretatIon 5 statutes played a key role from the beginning. To use Paul Finn’s expression, ‘we were born to statutes’.11 As Blackstone wrote, colonists carried with them as much English law as was applicable to their new situation, including English statutes and the. Statutory Interpretation: 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. To this time, statutory interpretation has not been given the importance in Australian law schools that its significance for the daily practice of the law demands. True, particular statutes, of necessity, require close examination, with attention to the leading decisions on the meaning of their texts. The skill of interpreting a statute is important for one good reason – the outcome of a case commonly enough depends on how a court interprets an ambiguous provision in a statute. Yet despite the importance of interpreting statutes there have been no serious attempts so far to describe an effective method for performing the task.
This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute. There exists The Interpretation Act of 1978 which provides certain basic definitions such as. theories and techniques of statutory interpretation.1 This relationship is of practical concern to students, lawyers, and judges called on to interpret and apply the law. A significant precondition to thoughtful legisprudence is critical analysis of different theories explaining the legislative process. Louisiana Law Review Volume 42Number 5 Special Issue 1982 Judicial Method of Interpretation of Law In Louisiana John A. Dixon Jr. This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons.
|2018-03-13 · The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute. The elementary rule states that the intention of the Legislature must be found by reading the statute.||To consolidate the laws relating to the interpretation and the shortening of the language of statutes. ARRANGEMENT OF SECTIONS PART I GENERAL 1. Application of Act 2. Definitions 3. Interpretation of expressions relating to writing 4. Reckoning of number of days 5. Measurement of distance 6. Gender and number 7. Meeting of service by post 8.|
Introduces and explains the methods of interpretation used in interpreting and applying statutes. Covers techniques such as precedent, relation to context, canons of construction, and more contentiously, legislative history. Interpretation of statutes or particular part of it /Intention or purpose of framer s ordinarily to be sought for in the statutes itself or in elements of its proper context. Statute to be construed as a whole. Ordinary or plain meaning rule.
In the English law there are three rules that exist to assist a court in the interpretation of an Act of Parliament. These rules are the most common approach in examining the meaning of the language used or the application to which the statute was intended or a combination of both. Methods of statutory interpretation used to resolve ambiguities in legislation Practice notes. Maintained • Found in: Public Law. This Practice Note sets out the common reasons for ambiguities arising in legislation, and the methods of interpretation.
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. These are: the literal rule the golden rule the mischief rule the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer.
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