Pdf a commentary on the interpretations of statutes. Interpretation of statutes repeal statutory interpretation. Interpretation of statutes also available for read online in mobile and kindle. The court interprets the provision whenever a challenge is thrown before it. The process of statute making and the process of interpretation of. A was still a law, but one in suspended animation, deprived of future legal effect so long as b stayed in force.
In line with the purpose statement for the llb degree, this module places a strong emphasis on the interpretation of statutes in line with the values of the constitution, such as ubuntu. This process is commonly adopted by the courts for determining the exact intention of the legislature. For decades, lawyers have debated the proper scope of this hypothetical law. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Generally, the words of a statute have a plain and straightforward meaning. While interpreting a statute attempt should be made to suppress the mischief and advance the justice. Statutory interpretation is the process of interpreting and applying legislation to decide cases. Welfare, social and beneficial statutes are not to be construed strictly. As all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. Interpretation of statutes interpretation of statutes pdf interpretation of statutes book types of statutes british statutes applicable to india texas family statutes annotated colorado revised statutes 2019 ohio ethics law and related statutes selections for contracts 2016 edition selected statutes selected federal taxation.
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 in any portion thereof, and to the interpretation of all bylaws, rules, regulations or orders made under the authority of. Explanations and provisos are inserted to expand or. Principles of interpretation of statutes 205 process of ascertaining the meaning at an act of parliament or of a provision of an act. It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation of all legislation. Statutes and their interpretation in the first half of the fourteenth century. True special rules of interpretation are not necessary because. True the special rules of statutory interpretation ensure that value judgements play a role in the interpretation of statutes. Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. Interpretation thus is a familiar process of considerable significance. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. A teaching tool concept keypoints explanation statutory interpretation refers to both the process or activity of interpreting statutes and to the law the body of rules and principles that regulate the way statutes are interpreted. To use paul finns expression, we were born to statutes. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park.
Interpretation of statutes and principles of legislation. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The process of statute making and the process of interpretation of statutes are two distinct activities. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Some amount of interpretation is often necessary when a case involves a statute.
On the interpretation of statutes maxwell, peter benson. Jan 01, 2008 buy interpretation of statutes book online at best prices in india on. But in many cases, there is some ambiguity or vagueness in. There is a tremendous output of federal, state and territory legislation. These rules each take different approaches to interpretation of a statute. Statutes and their interpretation in the first half of the fourteenth century book summary.
Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf. Factors which have influenced the shift in the mode of statutory interpretation are. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more. Interpretation of statutes and principles of legislation book pdf. External aids for example maxim, books, reports, etc.
There has been a noticeable shift in the expression of law from court judgments to expositions. Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar william eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. Interpretation of statutes hardcover january 1, 1992 by g. Maxwell on the interpretation of statutes by langan, p. Ios 2601 multiple choice questions compiled by courtney engelbrecht special rules of interpretation are necessary because ambiguities in legislation cannot be solved by dictionaries alone. Interpretation of statutes download ebook pdf, epub, tuebl. Where they are possible of giving one and only one meaning there is no problem. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. There are several tools that can help you to determine the meaning of an ambiguous statute or to choose between multiple plausible interpretations of the same.
Introduction the interpretation of laws is confined to courts of law. Jun 08, 2015 as all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. The purpose of the interpretation of the statute is to unlock the locks put by the. It is a readytouse gist for law students and the primary objective of this gist is to enable the reader to understand the indepths of the subject and to provide exam oriented information. Nov, 2015 wide words used in an interpretation clause may thus be given a limited meaning having regard to the context as a whole for a word in a statute whether it be in the body of the statute or in the interpretation clause is not to be construed without reference to the context in which it appears. Introduction to statutory interpretation 5 statutes played a key role from the beginning. Jurisprudence, interpretation and general laws max marks 100 objective. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use constructing arguments and justifying outcomes. Wide words used in an interpretation clause may thus be given a limited meaning having regard to the context as a whole for a word in a statute whether it be in the body of the statute or in the interpretation clause is not to be construed without reference to the context in which it appears. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. The interpretation of statutes is one of the most important subject usually taught in law.
In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. Theories, tools, and trends congressional research service summary in the tripartite structure of the u. Interpretation of statutes by ravi shinde and a great selection of related books, art and collectibles available now at. The difference between the two main approaches to statutory interpretation in sa can largely be reduced to the respective views on the relationship between the text and the context of legislation. Pdf statutory interpretation download full pdf book. Interpretation would not be arbitrary or fanciful but an honest continuous exercise by. Interpretation of statutes download ebook pdf, epub. Interpretation of statutes importance of the words and and or to ensure that justice is made available to all, the judicial system has been evolved in all nations. Cases on the interpretation of statutes download ebook. This site is like a library, use search box in the widget to get ebook that you want. Pdf statutory interpretation download full pdf book download.
The normal way of interpreting or construing a statute is to seek the intention of legislature. The importance of avoiding literal interpretation was also stressed in various ancient text books merely following the texts of the law, decisions are not to be. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication. Lexis india online ebooks providing access to electronic version of commentaries on. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at.
There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. The paragraph of this case cited in this work is from pdf of the judgement. However, in many an acts, definition clause is inserted to mean a word or expression. Students who complete this module will be able to formulate legal arguments. Maxwell on the interpretation of statutes 12th edition pdf. This has been a new initiative from goodword and we. Interpretation is the primary function of a court of law. It is extremely important and infact necessary also that the courts interpret the law in such a manner that ensures access to justice to the maximum. Click download or read online button to get cases on the interpretation of statutes book now. Students preparing for examinations should also refer to this book. Chapter 1 introdution to interpretation of statutes. Originally published in 1922, this book examines legal statutes and their interpretation in english courts during the reigns of edward i, edward ii and edward iii.
Click download or read online button to get interpretation of statutes book now. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Interpretation is the method by which the true sense or the meaning of the word is understood. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in mind in read more. It does so, first of all, because it involves richer.
Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Anurag deep, interpretation of statutes xl viii asil 551601 2012. Absorbing study of early english statutes plucknett, theodore f. Buy interpretation of statutes book online at best prices in india on. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. Singh interpretation of statutes eastern book company. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. Distinguished legal historian theodore plucknett presents problems such as mistranslations, ignorance among lawyers and. Aharon barak argues that an alternative approachpurposive interpretationallows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. The process by which a judge or indeed any person, lawyer or layman who has occasion to search for the meaning of a statute constructs from the words of.
Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Statutory interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. To provide understanding and working knowledge of sources of law, constitution, legislative environment, interpretation of statutes and general laws. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Justice g p singhs principles of statutory interpretation is the most comprehensive and authoritative work on the subject. Interpretation of statutes pdf notes, ebook for law llb. Interpretation of statutes is the correct understanding of the law. Distinguished legal historian theodore plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances. Legal treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. Pdf interpretation of statutes download read online free. Discuss the rules of statutary interpretation with the.
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