The mischief rule is a rule of statutory interpretation that attempts to determine the legislator's intention. 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. The word interpretation is derived from the Latin word "interpretari", which means to explicate, explain, know, or decode the language. It is a familiar feature of law and legal practices. Interpretation has very important role in justice administration in the sense that . 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. 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 The Major canons of interpretation are: 1. The interpretation of statutes is a complex area of law and also an essential one. how is a statute made answers. Rather, it is deeply shaped by preexisting legal rules. 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.". The same context applies to key words or phrases that are used throughout the statute. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. The court is to consider the purpose of the legislation, its context, and all relevant evidence of legislative intent. When the language of the statute is clear, there is no need for the rules of interpretation. Interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. Rules of Interpretation. In terms of language, the definition of interpretation should be broader: rendering a spoken or signed message into another spoken or signed language, preserving the register and meaning of . For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. The rules or maxims or concepts that come under this category of rules of interpretation are generally considered as "Secondary" or "Subordinate" principles of interpretation. This process is commonly adopted by the courts for determining the exact intention of the legislature. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Elmer Driedger in the first edition of his text, in 1974, stated what he [] Rate this post 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 . These rules tell us what legal materials to read and how to read them. 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. While the words used in a statute cannot be "stretched beyond . In statute include all type of law's provision i-e Section, Article, Order and Rules etc. 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. 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 . 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 statues to render justice is the . A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions. The interpretation of statutes is limited only to courts of law. Interpretation is the process of explaining, expounding and translating any text or anything in written form. 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. The "whole act" rule of statutory interpretation guides you to use consistent definitions of a word or phrase throughout the text. The word 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or expound or to understand or translate. the widespread acceptance that legal interpretation seeks the meaning of a statute or constitutional provision most likely reflects some combination of 1) a lack of clarity about the sense in which the term "meaning" is being used; 2) misunderstandings about what linguistic meaning is; 3) a conflation of a provision's linguistic meaning with its Various sources used are only limited to explore the written text and clarify what exactly has been indicated by the words used in the written text or the statutes. 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 . the Legislature behind enacting any particular statute or law. A statute may preclude a specific demonstration, coordinate a specific demonstration, make an assertion, or put forward administrative systems to help society. It means the art of finding out the true sense of enactment by giving the words of the enactment, their natural and ordinary meaning. The very concept of 'interpretation' connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Professor Sunstein suggests that both the conventional understandings of interpretation and the recent critiques are . Jurists take the help of both Rules and Aids in the interpretation of Statutes. This paper was laid before Parliament in response to a legislative requirement. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Interpretation in law is a rational process by which we understand a text. This is also referred to as statutory construction. It is the process of determining the true meaning of . The word 'statutory interpretation' is a word that we automatically connect with the legal field of studies. There are three rules of interpretation of statutes- Literal, Golden and Mischief. 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. Law Commission website. These words are often a simple description of the law but there are times when the complications of the words can meddle with the judgment . 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. Since It Is A Research-Oriented Subject, An In-Depth Study Is Necessary For Its Thorough Understanding. What is interpretation? A. Statutory Text a. Statutory Definitions 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 parliament cannot judge cases on an individual basis so their general intent on what the law should be is passed through a form of . 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. What this entitles one to do, is to look at the situation prior to and during the passing of the Act, in order to interpret an obscure or ambiguous provision. statute interpretation everything important to know about it. There are two kinds of interpretation, A statute is said to be the will of the legislature. 2) What are Types of Statutes. 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 is the art of discovering the true meaning of a law by giving the words of the law their natural and ordinary meaning. There are three rules of interpretation of statutes- Literal, Golden and Mischief. Court system has established a broad and comprehensive framework of laws over decades to instruct themselves in the formation or application of laws. To elaborate the meaning of statutes the Judges various techniques and methods of statutory . A statute is a composed law gone by a council on the state or government level. The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly. Interpretation is used to discover the true meaning of the law and language used in the law or statute. Details This document contains the following information: The interpretation of statutes. Interpretation of statutes is a very important issue which is not made easy due to varying factors. INTERPRETATION OF STATUTES LECTURES BY ZEENAT MAM: https://www.youtube.com/playlist?list=PLIj2toeLd48C9nU5e3fuBa3_Db2w5FN4j 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.
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