What is the interpretation of statutes?

Asked by: Mrs. Madonna Fadel  |  Last update: February 19, 2022
Score: 4.8/5 (20 votes)

Statutory interpretation is the process by which a court looks at a statute and determines what it means. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Although legislature makes the Statute, it may be open to interpretation and have ambiguities.

What is meant by interpretation of statutes?

Interpretation of statutes is the correct understanding of the law. This process is commonly adopted by the courts for determining the exact intention of the legislature. ... It is also used for ascertaining the actual connotation of any Act or document with the actual intention of the legislature.

What is statutory interpretation in simple terms?

“Statutory interpretation is an exercise which requires the court to identify. the meaning borne by the words in question in the particular context.” 17. 25. The courts look at the words in question and use principles of interpretation, which.

What is statutory interpretation law?

Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. ... The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.

What are the four 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.

Statutory Interpretation Rules of Interpretation

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Why do we need to interpret statutes?

Statutory interpretation may be required where complexity and uncertainty arises as to how the law applies in a given situation. Those who draft legislation do their utmost within their extraordinary experience and drafting skills to craft legislation that is clear and unambiguous.

Why do statutes need interpreting?

Statutory interpretation is important so that they are unable to make their own judgement in cases. If they stumble upon any problem they cannot change the law therefore they cannot interrupt the flow of justice. In allows Parliament to be the law making body and court will then apply the law.

What are the three rules of interpretation?

Rules Of Interpretation
  • Grammatical or Literal Rule of Interpretation.

What is the golden rule of interpretation?

It is the modification of the literal rule of interpretation. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. ... In view of the same, the grammatical meaning of such words is usually modified.

Which of the following is generally the first step in interpreting a statute?

Which of the following is generally the first step in interpreting a statute? Examine the plain meaning of the words. Which of the following arises when courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule?

What is interpretation example?

The definition of an interpretation is an explanation of a view of a person, place, work, thing, etc. An example of interpretation is a feminist perspective on a work of literature. noun. 1. An explanation or conceptualization by a critic of a work of literature, painting, music, or other art form; an exegesis.

What is the objective of interpretation?

The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly.

What is mischief rule of interpretation?

But in relation to rules of interpretation, mischief means to prevent the misuse of provisions of a statute. It is widely known as the mischief rule primarily because it focuses on curing the mischief. As per the Mischief Rule of Interpretation, a statute must be construed in such a way as to suppress the Mischief.

What is subsidiary rule of interpretation?

• Noscitur A Sociis: It is a rule of interpretation in which the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.

What is a codifying statute?

A codifying statute is one which restates legal subject matter previously contained in earlier statutes, the common law, and custom. It is a statute that purports to be exhaustive in restating the whole of the law on a particular topic, including prior caselaw as well as legislative provisions.

How do judges interpret statutes?

The literal approach: this view of judicial interpretation holds that the judges should look primarily to the words of the legislation in order to construe its meaning and, except in very limited circumstances, should not look outside of, or behind, the legislation in an attempt to find its meaning.

How do you analyze statutes?

It is a principle used for interpreting a statute which states that the court should first examine the intention of the legislature. In this, the judges first find the defect in the statute and then apply the remedy for fixing the defect.

What is Heydon's rule of interpretation of statutes?

The mischief rule was established in Heydon's Case. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court's role is to suppress the mischief the Act is aimed at and advance the remedy.

What is Heydon's rule of interpretation?

According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that suppresses the problem and advances the remedy should be adopted.

What is golden rule of interpretation Slideshare?

If the plain meaning of the word – is ambiguous, vague or misleading or – if a strict literal interpretation would result in absurd results • then the court may deviate from the literal meaning to avoid such an absurdity. • This is also known as the golden rule of interpretation.

What is interpreting and different kinds of interpreting?

Unlike translation which focuses on written communication, interpretation is all about verbal communication. The three basic interpretation modes are simultaneous interpretation (SI), consecutive interpretation, and whispered interpretation.

What are the 5 types of interpretation?

Here are the five major types of interpreting that businesses should be aware of.
  • Consecutive Interpreting. ...
  • Simultaneous Interpreting. ...
  • Whisper Interpreting. ...
  • Escort/Travel Interpreting. ...
  • Over-the-phone interpreting.

What are the techniques of interpretation?

Interpretation Techniques
  • Consecutive interpretation. Consecutive interpretation is a technique in which the interpreter serves as an intermediary between the speakers. ...
  • Simultaneous interpretation. ...
  • Whispered interpretation / Chuchotage. ...
  • Sight Translation.

What are the roles of interpretation?

Interpretation helps the patient to gain insight into the maladaptive beliefs and the forbidden goals, thereby facilitating his working to disprove the beliefs and pursue the goals.

What is interpretation of statutes Slideshare?

Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. ... As explained by Cooley: “Interpretation differs from construction in sense that the former is the art of finding out the true sense of any form of words; i.e. the sense that their author intended to convey.