A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed .” 84 The modern variant is that statutes should be ...
What are the three main rules of statutory interpretation?
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. These were: the mischief rule, the literal rule, and the golden rule.
What are the basic principles of interpretation of statutes?
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 .
What are the principles of interpretation?
Interpretation should aim to present a whole rather than a part , and must address itself to the whole man rather than any phase. 6. Interpretation addressed to children (say up to the age of twelve) should not be a dilution of the presentation to adults, but should follow a fundamentally different approach.
What is statutory interpretation in simple terms?
Laws are created by Parliament; Judges interpret the laws using Statutory Interpretation. ... The literal rule requires courts to interpret statutes in their plain, literal and ordinary sense. The courts will not examine the intention of Parliament.
Which rule of interpretation is best?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
What is difference between interpretation and construction?
1. Interpretation refers to the understanding of words and the true sense of a legal text. Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text .
What is the golden rule of statutory interpretation?
The ‘Golden Rule’ of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result . Its relevance in the BPAS application is made apparent when considering the purpose of section 1(3) against its actual effect in the current circumstances.
What are the tools of statutory interpretation?
Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history , and evidence of the way a statute is implemented.
What is Heydon’s rule?
When material words are capable of bearing two or more constructions the most firmly established rule for construction of such words “of all statutes in general” is the rule laid down in Heydons case also known as mischief rule. This rule is also known as purposive construction.
What are the different types of interpretation?
The three basic interpretation modes are simultaneous interpretation (SI), consecutive interpretation, and whispered interpretation . However, linguists suggest there are more than simultaneous interpretation, consecutive interpretation, and whispered interpretation to interpretation modes.
What are hermeneutical principles?
1) Scripture is the best interpreter of Scripture. 2) Texts of Scripture must be interpreted in context (both immediate & broad contexts). 3) No text of Scripture (properly interpreted in its context) will contradict another text of Scripture.
Who is the final answer to interpret the Constitution?
The Supreme Court has the final authority to interpret the Constitution.
What is the role of statutory interpretation?
Statutory interpretation is important so that they are unable to make their own judgement in cases. ... Statutory interpretation is important to the access to justice because it helps the judiciary system implement the law in an efficiency and effective way and helps the Parliament to make the law.
What are the problems with statutory interpretation?
Typical problems include a failure within legislation to cover a specific point; ambiguity as to its meaning; drafting errors; new legal developments; and changes in the use of language . Some statutes date back to the 18th century and use words which now have a very different meaning today.
What is the need for statutory interpretation?
Statutory interpretation is of central importance to the daily work of all judges . ... It examines how judges consider the text, the context and the purpose of statutory provisions. It also looks at how human rights instruments can be used as an interpretive tool.
