Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases . Beyond this, the methodologies and approaches taken by the courts in interpreting meaning also can help guide legislative drafters, legislators, implementing agencies, and private parties.
What is the need and importance of interpretation of statutes?
The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the Legislature – not to control that intention or to confine it within the limits, which the Judge may deem reasonable or expedient.
Why is statutory interpretation important?
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 is the importance of a statute?
Statutes set forth general propositions of law that courts apply to specific situations . A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach . These rules will be discussed within the body of this essay.
What are the three main rules of statutory interpretation?
The mischief rule for interpreting statutes was laid down in Heydon’s case in the sixteenth century and requires judges to consider three factors: 1 what the law was before the statute was passed ; 2 what problem (or mischief) the statute was trying to remedy; 3 what remedy Parliament was trying to provide.
Why is interpretation needed?
Interpretation is essential for the simple reason that the usefulness and utility of research findings lie in proper interpretation. ... Researcher can better appreciate only through interpretation why his findings are what they are and can make others to understand the real significance of his research findings.
What is the purpose of interpretation?
The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear . According to Salmond, “Interpretation” is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.
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 are the advantages of statute law?
Resolution of legal problems: statute law enables society through parliament to resolvelegal problems as and when they arise by enacting new statutes or amending those in existence . Parliament does this when the legal problem manifests itself.
What is a statute example?
Simply put, a statute is a specific statement of the law on a particular issue . For example, a state statute might state that a dog owner is liable for any injury caused if his or her dog bites someone if the owner already knew about the dog’s dangerous biting propensity.
What is the difference between a statute and a law?
A statute is a law passed by a legislature; and statutory law is the body of law resulting from statutes. A statute—or the statutory law—may also be referred to as legislation. ... This is not true of common law, which is also known as “unwritten law, because it’s not collected in a single source.
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 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 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 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.
