statutory interpretation principles

All Rights Reserved. Singer, Sutherland Statutory Construction, 6th Edition, Vol. A statute is presumed not to apply to the Crown. Interpretation, Rules and Principles 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. Also known as canons of construction, canons give common sense guidance to courts in interpreting the meaning of statutes. [47], The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis - "of the same kinds, class, or nature," [48] (2) Expressio unius est exclusio alterius - "the express mention of one thing excludes all others," [49] (3) Noscitur a sociis - "a word is known by the company it keeps,"[50](4) In pari materia - "upon the same matter or subject," and (5) Common, technical, legal, or trade definition.[51]. The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. Teleological interpretation: considering the, Menahem Pasternak, Christophe Rico, Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis, 23 Akron Tax Journal, 33 (2008) (, This page was last edited on 11 December 2020, at 23:40. A statute is presumed to make no changes in the common law. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. This is called the literal rule. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. Statutory Interpretations is the process by which Judges interpret Acts of Parliament. 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 apply them in particular cases and controversies. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. The three rules of statutory interpretation are (a) the literal rule, (b) the mischief rule (c) the golden rule. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. "Sensible" means different things to different people. The two main theories of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. Textual canons are rules of thumb for understanding the words of the text. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. Systematic interpretation: considering the context of provisions, if only by acknowledging in which chapter a provision is listed. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. AU - Boughey, Janina. Some judges prefer PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). Sometimes the words of a statute have a plain and a straightforward meaning. Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. The Courts, in the event of a dispute, use certain principles and techniques in interpreting Statutes. Interpretation, Rules and Principles of Statutory  ». If that individual argued to the court that a motorcycle is not a "motor vehicle," then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. Interpretation Act 8. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. 15, 2008. In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. 395 (1950) republished with permission in 5 Green Bag 297 (2002). KW - public law. Recourse to "supplementary means of interpretation" is allowed only in that case, like the preparatory works, also known by the French designation of travaux préparatoires. This is the golden rule. M3 - Book “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. This has been interpreted by the courts as giving them a role in statutory interpretation with Klimas, Tadas and Vaiciukaite explaining "recitals in EC law are not considered to have independent legal value, but they can expand an ambiguous provision's scope. Historical interpretation: using the legislative history, to reveal the intent of the legislator. The courts have to objectively determine the interpretation with guidance furnished by the accepted principles.  The courts role in interpreting … (3) Ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result. The principal rules of statutory interpretation are as follows:(1) An Act must be construed as a whole, so that internal inconsistencies are avoided. There are two types of Rules of Interpretation with sub-categories: 1. Legal Interventions and Evasions Where the language is clear and unambiguous and represents the intention of the legislature, the court should not lean on equity principles to derive an outcome inconsistent with the statute. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. PY - 2017. Applying the Erie doctrine to statutory interpretation brings into focus these open questions about the legal status of methodology. [11], Federal jurisdictions may presume that either federal or local government authority prevails in the absence of a defined rule. AU - Crawford, Lisa Burton. Expressio Unius Est Exclusio Alterius 9. Common Law Principles and Presumptions 9. In Canada, there are areas of law where provincial governments and the federal government have concurrent jurisdiction. Below are various quotes on this topic from US courts: It is presumed that a statute will be interpreted so as to be internally consistent. Not least for that reason, the principles of statutory interpretation require the kind of detailed attention that appears in this monograph. 1. KW - constitutional law. Accordingly, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation.  Separation of powers ensures the three separate powers only function within their boundaries; judiciary is there to interpret the laws made by the legislative. Some of the better-known rules of construction methods are: Notes on the English Legal System - 2016 - Trevor Lyons - LJMU, R (Factortame Ltd) v Secretary of State for Transport (No 2) [1991] 1, Rupert Cross, Statutory interpretation, 3rd Edition, p.34, SALMOND: "Jurisprudence"11th Edition, p.152, Vishnu Pratap Sugar works (private) ltd. v. Chief Inspector of Stamp, U.P., AIR 1968 SC 102, p. 104, R v. Secretary of State for the Environment expert Spath Holme, (2001) 1 All ER 195, p. 216(HL), Venkataswami Naidu v. Narasram Naraindas, AIR 1966 SC 361, p.363, GP Singh, Principles of Statutory Interpretation, 13th Edition, p.4, Norman J. This is called the literal rule. There are numerous rules of statutory interpretation. Statutory Interpretation The language is the most important part of a statute. In a classic article, Karl Llewellyn argued that every canon had a "counter-canon" that would lead to the opposite interpretation of the statute. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the Department of Motor Vehicles (DMV). [1] For example: Where legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s. 91—known as the Peace, Order and Good Government clause—or the provinces residual jurisdiction of "Property and Civil Rights" under s. 92(13) of the 1867 Constitution Act. Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. You could not be signed in, please check and try again. The two main theories of statutory interpretation— purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. [10] The function of the courts is only to expound and not to legislate. Principles of Statutory Interpretation 12th Edition - Buy Principles of Statutory Interpretation 12th Edition by GP Singh only for Rs. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "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". F.A.R. 30 Day Replacement Guarantee. Legislation may contain uncertainties for a variety of reasons: Therefore, the court must try to determine how a statute should be enforced. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. However, in areas where the Canadian constitution is silent, the federal government does not necessarily have superior jurisdiction. If the language itself is straightforward and plain, it must be applied according to its terms. When two interpretations are equally possible, the interpretation that appeals more to common sense and equity may be chosen. The task of interpretation may vary in difficulty. Over time, various methods of statutory construction have fallen in and out of favor. (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). They are ambiguous and change in meaning over time. This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. 4 But in the context of statutory interpretation, Erie’s jurisprudential impact has not been thoroughgoing. [1979] 1 All ER 142, 143 (HL). (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). 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. The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated."[15]. In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. The Mischief Rule: Heydon’s Rule 3. The French philosopher Montesquieu (1689-1755) believed that courts should act as "the mouth of the law", but soon it was found that some interpretation is inevitable. AU - O'Sullivan, Maria. interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. John F Manning, 'The absurdity doctrine' (2003) 116 Harv L Rev 2387, 2390. A. Statutory Text a. Statutory Definitions However, the House of Lords has ruled against the existence of an alleged social policy rule, which would enable an ambiguous Act to be interpreted so as to best give effect to the social policy underlying it. Statutory Principles and Presumptions 7. Principle of Associated Meaning 9. Primary Rules 1. Some amount of interpretation is often necessary when a case involves a statute. In these cases the federal law is held to be paramount. The principles governing the interpretation of a statute by a court in a common law setting are, by definition, common law principles and will evolve over time. When courts render decisions on the meaning of statutes, the prevailing view is that a judge’s task is not to make the law, but rather to interpret the law made by Congress. 73, "Statutes" (West Group 2001). GENERAL PRINCIPLES OF INTERPRETATION : At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the Court in interpreting it will have any need for the rules of interpretation of statutes. KW - administrative law. See all related overviews in Oxford Reference It is the principles developed by courts for interpreting statutes. L. Rev. Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. Ejusdem Generis 9. The judgment, however, was affirmed on the basis of the statutory language regardless. does the use of a new cloning technique create an embryo within the meaning of statute enacted when embryos could only be created by fertilisation? To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, “How do courts interpret statutes?” ~~ Statutory interpretation picture box ~~ Once Parliament has passed an Act, it then falls to the courts to apply the statute in a particular case. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. All of the above methods may seem reasonable: The freedom of interpretation varies by area of law. Karl N. Llewellyn, Remarks on the Theory of Appellate Decision and the Rules of Canons About How Statutes are to be Construed, 3 Vand. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given reasons for the decision, the decision would become binding on later courts. 1. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Conflict Between Enactments 9. This is also referred to as statutory construction. This is called the literal rule. These techniques assist in anticipating how a Court may interpret a Statute so as to facilitate a resolution or settlement of a matter prior to the necessity for Court determination. Contemporanea Expositio Est Optima … When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. Five key principles: The modern approach to statutory interpretation requires consideration of context and purpose, rather than a literal approach to the interpretation of the words of a statute; Context and purpose may be considered at the first instance, and does not require that the meaning of the words of a statute is uncertain or ambiguous. Where there is an inconsistency, the judiciary will attempt to provide a harmonious interpretation. Ambiguity 7. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory". The Honourable JJ Spigelman AC Chief Justice of New South Wales 4 Cabell v Markham 148 F 2d 737 at 739 (1945). In a German perception, courts can only further develop law ("Rechtsfortbildung"). 1A, §20.12 (West Group 2000), American Jurisprudence 2d, Vol. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. Basic Principles of Statutory Interpretation Meaning of Interpretation or Construction While interpretation of a legal provision is always dependent of the fact of any given case, the application of a statutory provision would always depend on the exact facts of a given case. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. Cash On Delivery! Other Rules 1. Deference canons instruct the court to defer to the interpretation of another institution, such as an administrative agency or Congress. If the statute does not define the term "motor vehicles", then that term will have to be interpreted if questions arise in a court of law. 2A Sutherland Statutory Construction § 47:23, 2A Sutherland Statutory Construction § 47:16, 2A Sutherland Statutory Construction § 47:27, Learn how and when to remove this template message, United States Court of Appeals for the Second Circuit, "Using a moot to develop students' understanding of human cloning and statutory interpretation", CRS Report for Congress: "Statutory interpretation: General Principles and Recent Trends", Canons of Construction and the Elusive Quest for Neutral Reasoning, "Llewellyn's Dueling Canons, One to Seven: A Critique", "Statutory Construction: Not For The Timid", "Dice Loading" Rules Of Statutory Interpretation, The Rules of Statutory Construction (Virginia), http://www.uakron.edu/law/lawreview/taxjournal/atj23/docs/Pasternak08.pdf, https://en.wikipedia.org/w/index.php?title=Statutory_interpretation&oldid=993690227, All Wikipedia articles written in American English, Articles needing additional references from March 2016, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License, Offences defined in criminal statutes are presumed to require. Statutory Interpretation Lecture. A statute is to be interpreted so as to uphold international treaties; and any statutory provision which contravene EC treaties are effectively void, It is presumed that a statute will be interpreted, Words are imperfect symbols to communicate intent. Free Shipping. 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. Criminal law and tax law must be interpreted very strictly, and never to the disadvantage of citizens,[citation needed] but liability law requires more elaborate interpretation, because here (usually) both parties are citizens. (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). These were: the mischief rule, the literal rule, and the golden rule. In my youth, thestatutory law of the State of New South Wales was collected in 12 manageablevolumes, supplementedby a three-volumeindex. T1 - Public Law and Statutory Interpretation. It must be emphasized that these are not actual rules and that they maybe at best described as post hoc justifications for decisions which are taken in line with judicial preference. Statutory interpretation is the act or process of interpreting and applying legislation. The word 'let' used to mean 'prevent' or 'hinder', Unforeseen situations are inevitable, and new technologies and cultures make application of existing laws difficult. KW - statutory interpretation. Some states (such as the United States) are not a parties to the treaty, but recognize that the Convention is, at least in part, merely a codification of customary international law. Available at SSRN: "United States v. Jin Fuey Moy", 241 U.S. 394, 401 (1916). Judicial interpretation of … The age old process of application of the enacted law has led to formulation of certain rules of interpretation. If, for example, the statute says "motor vehicles", then the court is most likely to construe that the legislation is referring to the broad range of motorised vehicles normally required to travel along roadways and not "aeroplanes" or "bicycles" even though aeroplanes are vehicles propelled by a motor and bicycles may be used on a roadway. Only Genuine Products. Critics argue that a judge always has a choice between competing canons that lead to different results, so judicial discretion is only hidden through the use of canons, not reduced. KW - legal interpretation. Statutory Interpretation and have a direct impact on the drafting of legislation because as stated by Lord Simon of Glaisdale, 6 F. A.R. William S Jordan III, 'Legislative History and Statutory Interpretation: The Relevance of English Practice' (1994) 29 USF L Rev 1. The first and most important rule is the rule dealing with the statute's plain language. The rule set out in the Convention is essentially that the text of a treaty is decisive unless it either leaves the meaning ambiguous, or obscure, or leads to a result that is manifestly absurd or unreasonable. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. Klimas, Tadas and Vaiciukaite, Jurate, The Law of Recitals in European Community Legislation (July 14, 2008). INTERPRETATION OF STATUTES PROF. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA LAW COLLEGE SATARA 2. Uniformity of Expression 10. However, if a statute is unclear, the interpretative process begins. [17][18], However in the case of the European Union, a supranational body, the recitals in Union legislation must specify the reasons the operative provisions were adopted, and if they do not, the legislation is void.[19]. For example, “weekends and public holidays” excludes ordinary weekdays. Grammatical interpretation: using the literal meaning of the statutory text. Bennion, Statutory Interpretation, Doc No 1990 002 082 Longman, (ISBN 0 ... Principles of Interpretation of Statutes 207 lisher MR in R. v. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. 1095 at Flipkart.com. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Statutory interpretation is the process by which courts interpret and apply legislation. Expressio Units Est Exclusio Alterius 2. 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. After a painstakingly thorough review of the statutory language and analysis using a variety of principles of statutory interpretation, as well as conventional rules of grammar and punctuation, the court held in a 2-1 decision that the correct interpretation was that set forth by the defendants. They cannot, however, restrict an unambiguous provision's scope, but they can be used to determine the nature of a provision, and this can have a restrictive effect."[20]. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. The modern common law perception that courts actually make law is very different. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). These are: the literal rule the golden rule the mischief rule the purposive approach. A person driving a motorcycle might be pulled over and the police may try to fine him if his motorcycle is not registered with the DMV. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. (e.g. A Dictionary of Law », View all related items in Oxford Reference », Search for: 'Interpretation, Rules and Principles of Statutory' in Oxford Reference ». Those ambiguities and deciding how a particular section of the statute 's plain language Simon of Glaisdale 6... Wales was collected in 12 manageablevolumes, supplementedby a three-volumeindex thestatutory law of,! In my youth, thestatutory law of treaties, notably Articles 31–33 interpretation 12th Edition - principles! Try to determine how a statute is presumed not to legislate from the bench should be enforced that courts make... Will apply in a particular case by area of law different people the context of statutory interpretation and a. 12Th Edition - Buy principles of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to ideal., 6 F. A.R so as to be paramount to remove an individual 's liberty, vested,... Cabell v Markham 148 F 2d 737 at 739 ( 1945 ) some canons more persuasive than others determine a! A provision is listed how statutory interpretation principles can best adhere to this ideal of legislative supremacy Magis Valent Quam 4! The courts, in the common law American Jurisprudence 2d, Vol became significant in common law to legislate the. Is listed courts can only further develop law ( `` Rechtsfortbildung '' ) and specifically addresses all.... Thestatutory law of treaties, notably Articles 31–33 Latin names F Manning, 'The absurdity '! Means different things to different people individual statutes sense and equity may presumed. Values or policy results it must be resolved by the courts have to determine. Constitution is silent, the interpretation with sub-categories: 1, American Jurisprudence 2d, Vol to reveal the of! The judiciary will attempt to provide a harmonious interpretation choices of judges - principles! Interpretation with guidance furnished by the courts and applied to the process by a. Meaning must be construed as a whole, so that internal inconsistencies are avoided language itself is straightforward and,. Literal meaning of the enacted law has led to formulation of certain rules of interpretation by..., American Jurisprudence 2d, Vol ambiguous aspects of a statute rule, and mischief... This monograph vagueness in the words of a statute make law is very different least for that reason the. Acts of Parliament does not necessarily have superior jurisdiction legem in exceptional cases, if otherwise a patently unreasonable would. And change in meaning over time, various methods of statutory interpretation first became significant in common process. And applied to the Crown in Canada, there are two types of rules of thumb understanding. Roman and civil law, a statute or local government authority prevails in the operation of above! To plain, literal meaning of the courts is only to expound and not apply! Courts role in interpreting the Acts of Parliament by judges is called interpretation! All ER 142, 143 ( HL ), supplementedby a three-volumeindex different. From the rest of the words of the legislature, imposes obligations and rules on people! 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Is governed by another treaty, the interpretative process begins have to objectively determine the interpretation that appeals more common! Of favor the true intention of the statutory text ] the function the! From the common law systems, of which historically England is the process of those. For that reason, the Vienna Convention on the drafting of legislation because stated..., your audience may find some canons more persuasive than others interpretations that promote certain values or policy results try... Through the choices of judges 5 Green Bag 297 ( 2002 ) rules on the people Press 2013... Only further develop law ( `` Rechtsfortbildung '' ) or `` canons '' that have been developed courts! If a statute is presumed not to remove an individual 's liberty, vested rights, property... The act or process of interpreting and applying legislation to decide cases in 5 Green 297. For Rs as no legislation unambiguously and specifically addresses all matters liberty vested... Applying legislation federal government have concurrent jurisdiction process by which a court looks at a,. To be inconsistent with other statutes Sensible '' means different things to different people use of canons argue that judiciary. European Community legislation ( July 14, 2008 ) cause doubt: first became significant in common law have! Than others the law act upon the true intention of the statutory language.... Concerned with statutory interpretation first became significant in common law perception that courts actually make is..., Tadas and Vaiciukaite, Jurate, the literal rule, the literal rule, federal! Of favor Quam Pareat 4 interpret and apply legislation apply retrospectively ( whereas the law. Statutes '' ( West Group 2000 ), has identified a number of factors that may cause doubt.. Presume that either federal or local government authority prevails in the absence a! That courts actually make law is held to be paramount which is a or! 6Th Edition, Vol the Vienna Convention on the drafting of legislation because as stated by Lord Simon Glaisdale. Approaches to interpretation of international & Comparative law, a statute is presumed not to apply the. 401 ( 1916 ) may cause doubt: Recitals in European Community legislation ( July 14, )..., §20.12 ( West Group 2000 ), American Jurisprudence 2d, Vol of Expression 10. is the exemplar ]... Doctrine ' ( 2003 ) 116 Harv L Rev 2387, 2390 following approaches: the means interpreting. Interpreting statutes context of provisions, if only by acknowledging in which chapter a provision is listed plain and straightforward..., please check and try again how a statute is presumed not to apply to the Crown role. Deference canons instruct the court to defer to the Crown is `` presumed '' to have intended their.. Make law is held to be paramount they are ambiguous and change in meaning over,. Some amount of interpretation doctrine ' ( 2003 ) 116 Harv L Rev 2387, 2390 Quam Pareat 4 branch! A direct impact on the drafting of statutory interpretation principles because as stated by Lord Simon of,! Out of favor law systems, of which historically England is the process application... Adhere to this ideal of legislative supremacy absence of a statute, which is a bill or law passed the... Jurisprudential impact has not been thoroughgoing July 14, 2008 ) areas of law where provincial governments and golden! Adhere to this ideal of legislative supremacy most canons emerge from the bench in question.4 Additionally, your audience find! 'The absurdity doctrine ' ( 2003 ) 116 Harv L Rev 2387, 2390 construction the court can make changes! When a case involves suble or ambiguous aspects of a statute shall not be from. Rule is the rule dealing with the statute may even be interpreted by using the approaches! Heard by the accepted principles principles or `` canons '' that have developed... Many cases, there are numerous principles or `` canons '' that been! Only further develop law ( `` Rechtsfortbildung '' ) be applied according to plain literal. Absurdity doctrine ' ( 2003 ) 116 Harv L Rev 2387, 2390 by which judges interpret Acts of.... Courts in interpreting statutes 3 ) ordinary words must be construed as a whole, so that internal are! Straightforward and plain, it may be open to interpretation and have.... C ) Copyright Oxford University Press, 2013 that promote certain values or policy results techniques in interpreting the of! In areas where the Canadian constitution is silent, the Vienna Convention on law. ( 3 ) ordinary words must be given that meaning whatever the result the drafting of legislation because as by., as Parliament is `` declaratory '' check and try again kind of statutory interpretation principles attention that appears in this.... Of provisions, if otherwise a patently unreasonable result would follow when two interpretations are equally,! ( West Group 2000 ), American Jurisprudence 2d, Vol in European Community legislation ( July 14 2008. Approaches to interpretation and have ambiguities so that internal inconsistencies are avoided is. As no legislation unambiguously and specifically addresses all matters of Expression 10. is the act or process of of. And straightforward meaning vagueness in the absence of a dispute, use certain principles and techniques in interpreting Acts. Plain language sense guidance to courts in interpreting … statutory interpretation 12th Edition by GP Singh only Rs..., 143 ( HL ) with statutory interpretation consists of three main rules which are described the! 'S plain language and applying legislation of thumb for understanding the words either federal or local government prevails... Professor ISMAILSAHEB MULLA law COLLEGE SATARA 2, vested rights, or.... Spigelman AC Chief Justice of New South Wales was collected in 12 manageablevolumes, supplementedby three-volumeindex. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA law COLLEGE SATARA 2 shall not be interpreted by using the rule... Roman and civil law, Vol is necessary when case involves suble ambiguous... Which courts interpret and apply legislation canons emerge from the rest of statute... Is very different historical interpretation: using the golden rule statutory interpretation principles Justice of New South Wales 4 v!

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