For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. 7. The effect of rule of strict construction might be summed up as: where an equivocal word or an ambiguous sentence leaves a reasonable doubt of its meaning which the canons of interpretation fail to solve, the benefit of the doubt should be given to the subject which are beyond the outright expression of the legal text. Building Code Training Council; membership; vacancies. Statutory Interpretation. Strict construction requires a judge to apply the text only as it is written. Comparison Chart.
It is not necessary that the words used in The accurate comprehension of the law is based on the interpretation of legislation. 1. But the experience ofalldealing with tax laws has been different. 29-251b. Sometimes the words of a statute have a plain and straightforward meaning. The answer is clearly yes. One of the primary and basic rules in statutory construction is that. Rule of Harmonious Construction with case lawsCheck For part 10!Don't miss the riddle at the end of the video(Answer given to the previous riddle) Justice G.P Singh marked the importance of interpretation of statutes. Rules of literal interpretation. The rule of interpretation was defined by Lord Wensleydale, in Becke v.Smith, in the sense that the rule of interpretation is useful in the construction of a statute, which refers to the ordinary meaning of the words and appropriate grammatical construction, unless the intention of the legislature differs from what is obvious. Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. A fundamental rule of statutory construction is that every part of a statute is presumed to have some effect. Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. Title 19 New Mexico Liquefied Petroleum Gas Standard. When a statute is interpreted liberally to give the widest possible meaning to it, it is called beneficent construction. In short, they are responsible for applying the law and therefore, they must be a superior law-making body and independent from all government body. Statutes must be interpreted so as to be entirely harmonious with all laws as a whole. It is said that the words themselves best declare the intention of the law-givers. Important articles and study material on Interpretation Of Statutes Click on the link to Read Module: 1. or A. Phrase C. Sentences D. Judgesin this viewshould avoid drawing inferences from a statute or constitution and focus only on the text itself. According to Salmond Interpretation or Construction means 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.. This edition offers a complete and up-to-date account of statutory interpretation. (1) Subject to the provisions of this Act and the rules, a tax must be charged in respect of . The law should be given it's plain meaning wherever possible. There are three rules of interpretation of statutes- Literal, Golden and Mischief. According to primary rule, the of a statute are to be understood in their natural, ordinary popular and grammatical meaning unless such a construction leads to an absurdity or contents or object of the statute suggests a different meaning? The Uniform Statute and Rule Construction Act provides a bridge to two functions, interpretation and drafting. Whereas, construction, on the other hand, refers to drawing conclusions from the written texts. If the language is clear and unambiguous, the court will not look to rules of Interpretation of Statutes is a systematic study of the rules of interpretation which regulate the interpretation of statutes and to explain their effect and operation. Technical terms are given ordinary technical meaning if the statute has not specified any other. Construe (apply the rules of construction) It is the most basic principle of statutory construction. But the experience ofalldealing with tax laws has been different. Interpretation rules out ambiguity. Further Reading. The short title of the Act is only its name and is given solely for the purpose of facility of reference. It is the rule of purposive construction because the purpose of this statute is most In this video we shall understand the beneficial rule of interpretation as laid down in Heydon's case. Following are some of the guides that the courts most often use. WHY? 1 has been amended by Chapter 55, Article 1, Section 59; 169.06 subd. QUESTION: What rules would you use to interpret the Constitution? B. STATUTES CID Licensing Act NM Manufactured Housing Rules Title 14. Words undertake shifts in their meaning over time. LAW STUDENT, CASES ON STATUTORY CONSTRUCTION AND CONSTITUTIONAL LAW no. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. It is, of course, true that statutory construction "is a holistic endeavor" and that the meaning of Primary Rules for Interpretation of Statutes Literal Construction. Interpretation of statutes is a very important issue which is not made easy due to varying factors. Distinction Between Strict and Liberal Construction of Statute. Note the use of the word 'construction' which in a legal context means the same as 'interpretation'. 9. 311.002. 4a has been amended by Chapter 55, Article 1, Section 60; 169.09 subd. The judiciary decides whether the law needs interpretation or construction to remove the ambiguity from the law. As per the rule of strict & liberal construction, a statute enacting an offense or imposing a penalty should be strictly construed. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. The constitutional role of the courts is simply to interpret and to apply points of law derived from Acts of Parliament and delegated legislation. What is the strict Sr. liberal construction of statutes? (3) Ordinary words must be given their ordinary meanings and technical words their Reasonable Construction: Reasonable construction follows the principle of Ut Res Magis Valeat Quam Pareat which means when the interpretation of the statute should be done in a meaningful and sensible manner. Courts will give effect to a statute's plain meaning and assume the Legislature means exactly what it says. APPLICATION. In course of time, courts have evolved a Rules of Interpretation Generally Or the statements, provisions, or the lines or words, phrases found in the law itself. In the words of Salmond, Legislation is that source of law which consists in the declaration of legal rule by a competent authority. Departure from the rule. 1, eff. Acts 1985, 69th Leg., ch. First, you interpret if the law itself is enough to help you find the meaning and effect. INTERPRETATION OF THE LAW.
The traditional avoidance canon required the court to choose a different interpretation only when one interpretation was actually unconstitutional. Interpretation of every statute must be based upon the aforesaid primary and secondary rules. Sept. 1, 1985. A. Statutory Text a. Statutory Definitions One of the primary and basic rules in statutory construction is that. The interpretation that is consistent with all of the statutes provisions should be used. When a statute is interpreted liberally to give the widest possible meaning to it, it is called beneficent construction. This rule is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute. For example, let's say that you and I Mischief Rule was originated in Heydons case in 1584. The rule of literal construction states that words, phrases, and sentences in the statute must be ordinarily be understood in their grammatical, literal, and ordinary meaning unless such an interpretation leads to absurdity. Court complies with simple meaning of the legal text. NMAC 19.15.40. construction can be restated as follows: interpretation identifies the meaning of some words or actions, construction their legal effect. Rules of interpretation are used to discern the meaning of what parties say and do; rules of construction determine the resulting legal state of affairs. The Mischief Rule. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. 1. Question 1. Discuss in brief the primary rule of literal construction In the Interpretation of a statute. [Dec 2013 (6 Marks)] In construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the plain meaning rule. Whether or not the Court made an erroneous interpretation of the term capital in Section 11, Article XII of the Constitution in its 2011 decision. A Constitution lays Golden Rule c. Mischief Rule 0 Comment. The interpretation of laws is the primary function of the courts of law. Interpretation Of Statutes. Words B.
Introduction, Meaning and Nature of Interpretation; Rules of Interpretation; Principles of Constitutional Interpretation; Module: 2. Interpretation of regulations. 479, Sec. The rules of statutory interpretation at common law also apply to the interpretation of subordinate legislation. 11.. Rules of construction translate the output of interpretation into legal effects. Primary Rules; Secondary Rules; Primary Rules These are the main rules of interpretation of statutes. !
In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. The Rule of Lenity: in construing an ambiguous criminal statute, a court should resolve the ambiguity in favor of the defendant. Sometimes the provisions of a statute have a plain and. LP GAS RULES. The pursuit of this Harmon is often the best method of determining the meaning of specific words or provisions which might otherwise appear ambiguous. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only). Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. Strict Construction means each of the words in Statute should be interpreted by letter, and no regard should be had to the spirit beyond the statute. 1. JUMP TO FULL CODE CHAPTER. Rules of construction therefore govern the relationship between the ordinary and the legal meanings of parties words and actions, or between the parties intent and their contractual obligations. [June 2003 (8 Marks)] Answer: Rule of strict & liberal construction of statutes applied for interpretation of penal and taxing statutes. 2. Rules of construction translate the output of interpretation into legal effects. The fundamental objective in statutory construction is to determine and carry out the intent of the Legislature. This is called the literal rule. Judgesin this viewshould avoid drawing inferences from a statute or constitution and focus only on the text itself. construction, in distinction, originate in the law. The literal rule means that a judge has to consider what the statute says literally, i.e. 7. Rules of interpretation or construction of statutes. Rules of Interpretation Literal or Grammatical Rule. Unit I: Introduction a. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. To repeat, the basic rule of construction is to apply the law when it is clear. The manner, in which the courts have been interpreting penal statutes, has been changing over time. It was first adopted by the Uniform Law Commissioners in 1993 and was later amended in 1995 to clarify it to some degree. A Constitution of a state refers to the basic and fundamental principles which the inhabitants of the state consider to be essential for their governance and wellbeing (Prof. G.W. 5. 2357 (1995). [FN17] interpreting a provision in a way inconsistent with the policy 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, plain, and natural meaning. The interpretation of a statue should be done in such a way that mischief is suppressed and remedy is advanced. Rules of interpretation or construction of statutes. [i] The meaning of an ordinary word of the English language is not a question of law. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial 2. The thumb rule for interpreting every law is the rule of harmonious construction. Explain the rule of harmonious construction in the interpretation of statutes. The USRCA attempts to lift the drafters burden while simplifying the interpretive duties of the judge. What is the strict Sr. liberal construction of statutes?
Construction tries to conclude it. Pursuant to section 5104.051 of the Revised Code, the state fire marshal shall enforce all statutes and rules pertaining to fire safety and fire prevention in child day-care centers and type A family day-care homes. Rules of Interpretation Generally The interpretation of laws is confined to courts of law. The term interpretation refers to the process of determining the real meaning of the language employed in legislation. "The primary indication of [Congress'] intent is the language of the statute." With time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting statutes. Acts and Rules are drafted by legal experts and it is expected that the language used will leave little room for interpretationorconstruction. But there may be a situation when conflict may arise on simultaneous application of above rules, to avoid such conflict, final rule i.e. Therefore the words should not be wasted, except for compelling reasons. But, if applying the plain language leads to an absurd result or a result that is contrary to the obvious intent of the General Assembly, or if the language is ambiguous, then the court will apply rules of statutory interpretation to construe the statute. Rule of Harmonious Construction with case lawsCheck For part 10!Don't miss the riddle at the end of the video(Answer given to the previous riddle) One of the primary and basic rules in statutory construction is that. principle of harmonious construction come into picture. The Interpretation of Statutes. The first requirement to use the rule of harmonious construction is to remove ambiguity between two or more provisions. Meaning of Interpretation b. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. Ans. An Aid, on the other hand is a device that helps or assists. It includes clear explanations of the traditional rules of interpretation, explores the principles underlying the rules and offers numerous illustrations of their application.
The court should attempt to be generous towards the persons on whom benefit should be conferred. Once the court has a clear meaning of the text, no further investigation is required. Acts and Rules are drafted by legal experts and it is expected that the language used will leave little room for interpretationorconstruction. Interpretation; Rules of Construction. Some of the better-known rules of construction methods are: The Golden rule The Literal rule The Mischief rule The Purposive approach The interpretation of laws to courts of law is limited. 1. The necessity of interpretation of statute arises when adjudication of a dispute involves a statute. Rules of Interpretation- The Literal Rule; 11 chapter 3 - recommended; 03 - recommended; Interpretatation of statutes, is the way in which statues are interpreted; Mischief rule is the rule of interpretation; Maramane v Lesotho National General Insurance Co; Case Brief Matumelo Maramane; Case Brief Koali Moshoeshoe I. There was a point where it was believed that a penal statute had to be construed strictly in favor of the Sec. and to understand the exact meaning of the words used in any text. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. In the US, this canon has grown stronger in recent history. The purpose of the interpretation of the statute is to unlock the locks put by the legislature. statutory construction, followed by a number of specific canons. 7. These rules will be discussed within the body of this essay. A Rule is a uniform or established course of things. Important articles and study material on Interpretation Of Statutes Click on the link to Read Module: 1. Statutory interpretation. 4. IV.
Last Updated on 1 year by Admin LB The object of all such Rules of Construction as aforesaid broadly speaking, is to ascertain the true intent, meaning and spirit of every statute. Construction - Statutory Interpretation Review Interpretation of Statutes IOS2601 ch1 - ch4Statutory Interpretation - Introduction English Than Others 10 RULES OF STATUTORY CONSTRUCTION: Finding the law's true meaning Supreme Court Issues Four Second Amendment Rulings \u0026 Strikes Down ATF Tyranny!! by Ruth Sullivan (Author) 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. 169.06 subd. In the event that harmonizing both clauses is unlikely, the courts decision on the provision would take precedence. Liberal or beneficial Construction means the interpretation should be made liberally with the intention to advance the purpose or object of A. Statutory Text a. Statutory Definitions This is because the common law provides that legislative intent can only be arrived at by the application of these rules. Title Short title. Kanyeihamba; Constitutional Law and Governance in Uganda). Interpretation implies the identification of true sense of the statute. 5b has been amended by Chapter 55, Article 1, Section 62; 169.305 subd. one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. As applied in case law, many of the rules are subject to exceptions or qualifications. As per the rule of strict & liberal construction, a statute enacting an offense or imposing a penalty should be strictly construed. [June 2003 (8 Marks)] Answer: Rule of strict & liberal construction of statutes applied for interpretation of penal and taxing statutes. DOCTRINE OF HARMONIOUS CONSTRUCTION. This is called the literal rule.
Subject: Interpretation of Statutes Objective: The paper is to equip the students with various tools of interpretation of statutes. An interpretation which makes the enactment a consistent whole, should be the aim of the Courts and a construction which avoids inconsistency or repugnancy between the various sections or parts of the statute should be adopted. [FN16] Avoid interpreting a provision in a way that would render other provisions of the Act superfluous or unnecessary. The interpretation of statutes is very essential to the administration of justice. Interpretation is the method by which the true sense or the meaning of the word is understood. ( b) every vehicle used or its simple plain meaning without any ambiguity. The Major canons of interpretation are: 1. Sec. The rule of harmonious construction is the thumb rule to interpretation of any statute. 311.001. The rules of interpretation of statutes are divided into two categories. construction, in distinction, originate in the law. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. To repeat, the basic rule of construction is to apply the law when it is clear. 8. Through construction, one can discover the legal effect of the legal text. Chapter 12, 1 11. The thumb rule for interpreting every law is the rule of harmonious construction. Rules of construction are laws and policies that a court uses when resolving a dispute between the parties of a contract. There is established, within the Department of Administrative Services, a Building Code Training Council which shall advise the State Building Inspector and the Codes and Standards Committee on all matters pertaining to certification training programs, continuing educational programs for building 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. Need for Interpretation Unit II: Different parts of a Statute Unit III: Rules of Interpretation a. Literal Rule b. At the end are some canons that apply to specific areas of law. The proper construction of a statute is a question of law. In law, interpretation refers to exposing the true sense of the provisions of the statutes. Additionally, statutory construction is further exacerbated by clear standards of treaty interpretation being tainted by exclamations that certain items subject to the Competent Authority provision are outside the scope of treaty resolution. It is merely a name given for identification of the Act and not for description and generally ends with the year of passing of the Act, such as the Indian Contract Act, 1872, the Indian Penal Code, 1860, the Indian Evidence Act, 1872. Mischief Rule was originated in Heydons case in 1584. Introduction, Meaning and Nature of Interpretation; Rules of Interpretation; Principles of Constitutional Interpretation; Module: 2. 3. Sec. RULES OF CONSTITUTIONAL INTERPRETATION. A court may also look at: the common usage of a word, case law, dictionaries, parallel reasoning, punctuation. 2. The rule of harmonious construction is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute or a conflict Construction means drawing inferences about the subject, that are above the direct expression of text. [June 2011 (8 Marks)] Answer: When there is a conflict between two or more provisions of the law they should be followed in such a way that maximum benefit can be obtained and no rule needs to be violated in the process of following another one. 5 has been amended by Chapter 55, Article 1, Section 61; 169.20 subd. Every question of statutory interpretation starts with the language of the statute. These principles are sometimes called rules of interpretation. The Construction of Statutes, 7th Edition. Golden Rule of Interpretation: Golden rule of interpretation is a rule of construction that where the plain or 3. This chapter may be cited as the Code Construction Act. All the CID Rules are available at the official site of the New Mexico Administrative Code. Strict construction requires a judge to apply the text only as it is written. Enacted laws, Acts and Rules are drafted by legal experts and so it is expected that the language used will leave little room for interpretation of construction. So it means there is only the need for intrinsic aids.