5 has been amended by Chapter 55, Article 1, Section 61; 169.20 subd. These include: Rule of Strict Interpretation; Rule of Liberal Interpretation Literal Rule Rule of Reasonable Construction; Golden Rule; Mischief Rule; Rule of Harmonious Technical terms are given ordinary technical meaning if the statute has not specified any other. [FN17] interpreting a provision in a way inconsistent with the policy IV. Introduction, Meaning and Nature of Interpretation; Rules of Interpretation; Principles of Constitutional Interpretation; Module: 2. Sections, sub-sections, clauses. It is the first rule of interpretation. ( a) the first registration of every vehicle under this Act; ( aa) the registration under this Act of a deregistered vehicle; and. This rule is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute. Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction.2 This is the primary step in interpretation of any statute. A fundamental rule of statutory construction is that every part of a statute is presumed to have some effect. Words B. Salmond defines interpretation as a process by which the Court seeks the meaning of Legislature through the medium of authoritative forms in which it expresses. 2. Golden Rule of Interpretation: Golden rule of interpretation is a rule of construction that where the plain or 3. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. To repeat, the basic rule of construction is to apply the law when it is clear. There was a point where it was believed that a penal statute had to be construed strictly in favor of the In law, interpretation refers to exposing the true sense of the provisions of the statutes. Phrase C. Sentences D. Through interpretation, one can find out the linguistic meaning in the context of a legal text. Rules of construction translate the output of interpretation into legal effects. Strict construction requires a judge to apply the text only as it is written. In the US, this canon has grown stronger in recent history.

[June 2011 (8 Marks)] Answer: When there is a conflict between two or more provisions of the law they should be followed in such a way that maximum benefit can be obtained and no rule needs to be violated in the process of following another one. Some of the better-known rules of construction methods are: The Golden rule The Literal rule The Mischief rule The Purposive approach Judgesin this viewshould avoid drawing inferences from a statute or constitution and focus only on the text itself. It is quite often that we find courts and lawyers busy in unfolding meaning of Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. Statutes must be interpreted so as to be entirely harmonious with all laws as a whole. Kanyeihamba; Constitutional Law and Governance in Uganda). Whether or not the Court made an erroneous interpretation of the term capital in Section 11, Article XII of the Constitution in its 2011 decision. one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. 11.. Judgesin this viewshould avoid drawing inferences from a statute or constitution and focus only on the text itself. Some Interpretation Acts shall be deemed remedial and shall accordingly receive such fair, broad, and liberal construction and interpretation. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. Interpretation and construction. The manner, in which the courts have been interpreting penal statutes, has been changing over time. Therefore, like the many rules of interpretation of statutes, the importance of the rule of harmonious construction is also understood and felt by the judiciary. One of the primary and basic rules in statutory construction is that. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. When a statute is interpreted liberally to give the widest possible meaning to it, it is called beneficent construction. The literal rule means that a judge has to consider what the statute says literally, i.e. This rule is also known as the Plain meaning rule. Strict Construction means each of the words in Statute should be interpreted by letter, and no regard should be had to the spirit beyond the statute. 0 Comment. Interpretation of statutes is a very important issue which is not made easy due to varying factors. This is because the common law provides that legislative intent can only be arrived at by the application of these rules. The pursuit of this Harmon is often the best method of determining the meaning of specific words or provisions which might otherwise appear ambiguous. The Uniform Statute and Rule Construction Act provides a bridge to two functions, interpretation and drafting. As per the rule of strict & liberal construction, a statute enacting an offense or imposing a penalty should be strictly construed. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. A court may also look at: the common usage of a word, case law, dictionaries, parallel reasoning, punctuation. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. Whereas, construction, on the other hand, refers to drawing conclusions from the written texts. 1. Every question of statutory interpretation starts with the language of the statute. When a reference is made in this Agreement to Exhibits, Sections or Articles, such reference shall be to an Exhibit to, The proper construction of a statute is a question of law. [June 2003 (8 Marks)] Answer: Rule of strict & liberal construction of statutes applied for interpretation of penal and taxing statutes. construction, in distinction, originate in the law. Justice G.P Singh marked the importance of interpretation of statutes. First, you interpret if the law itself is enough to help you find the meaning and effect. Interpretation; Rules of Construction. But the experience ofalldealing with tax laws has been different. Rules of Interpretation Generally The interpretation of laws is confined to courts of law. Rules of interpretation or construction of statutes. Reasonable Construction: Reasonable construction follows the principle of Ut Res Magis Valeat Quam Pareat which means when the interpretation of the statute should be done in a meaningful and sensible manner. The interpretation of statutes is very essential to the administration of justice. Interpretation rules out ambiguity. (1) Subject to the provisions of this Act and the rules, a tax must be charged in respect of . 479, Sec. Rules of interpretation or construction of statutes. 5 Major Rules of Interpretation of Statutes (Explained) 1. The statutes and common law provide several rules that guide the courts when they interpret a statute. As per the rule of strict & liberal construction, a statute enacting an offense or imposing a penalty should be strictly construed. and to understand the exact meaning of the words used in any text. Interpretation implies the identification of true sense of the statute. The Mischief Rule/Purposive construction. A Constitution lays The thumb rule for interpreting every law is the rule of harmonious construction. The Mischief Rule. 1. Sec. Once the court has a clear meaning of the text, no further investigation is required. One of the primary and basic rules in statutory construction is that. (3) Ordinary words must be given their ordinary meanings and technical words their

The short title of the Act is only its name and is given solely for the purpose of facility of reference. ! The interpretation that is consistent with all of the statutes provisions should be used. The Major canons of interpretation are: 1. This is called the literal rule. It includes clear explanations of the traditional rules of interpretation, explores the principles underlying the rules and offers numerous illustrations of their application. The expression 'rules of construction' is a term used to distinguish the 'rules' of statutory interpretation from any other rules or aids. The court should attempt to be generous towards the persons on whom benefit should be conferred. Interpretation Of Statutes - importance of the words and and or "The ordinary rule of construction is that a provision of a Statute must be construed in accordance with the language used therein unless there are compelling reasons. WHY? The rule of harmonious construction is the thumb rule to interpretation of any statute. The accurate comprehension of the law is based on the interpretation of legislation. A rule of statutory interpretation that attempts to determine the legislators intention to determine the mischief and defect to give ruling to implement the effective remedy. Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against interpretation of the statute in question.4 Additionally, your audience may find some canons more persuasive than others. Statutes must be interpreted so as to be entirely harmonious with all laws as a whole. United States v. Aguilar, 21 F.3d 1475, 1480 (9th Cir. The Golden Rule. Note the use of the word 'construction' which in a legal context means the same as 'interpretation'. Strict sense of the term. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only). For example, let's say that you and I SHORT TITLE. An interpretation which makes the enactment a consistent whole, should be the aim of the Courts and a construction which avoids inconsistency or repugnancy between the various sections or parts of the statute should be adopted. Liberal or beneficial Construction means the interpretation should be made liberally with the intention to advance the purpose or object of In course of time, courts have evolved a Rules of Interpretation Generally Interpretation Of Statutes. Statutory Interpretation is the action through which the courts apply and interpret the legislation as some sum of Interpretation is necessary when there is a statute in a case. DOCTRINE OF HARMONIOUS CONSTRUCTION. RULES OF CONSTITUTIONAL INTERPRETATION. Following are some of the guides that the courts most often use. Rules of construction are laws and policies that a court uses when resolving a dispute between the parties of a contract. The Rule of Lenity: in construing an ambiguous criminal statute, a court should resolve the ambiguity in favor of the defendant. Once the court has a clear meaning of the text, no further investigation is required. The rule of harmonious construction is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute or a conflict Interpretation refers to the linguistic meaning of the legal text. INTERPRETATION OF THE LAW. [FN15] Statutory interpretation is a "holistic" endeavor. Therefore the words should not be wasted, except for compelling reasons. Last Updated on 1 year by Admin LB The object of all such Rules of Construction as aforesaid broadly speaking, is to ascertain the true intent, meaning and spirit of every statute. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. NMAC 19.15.40. Court complies with simple meaning of the legal text. The second requirement is to interpret the law so that it renders justice to the victim. There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. To repeat, the basic rule of construction is to apply the law when it is clear. A. Statutory Text a. Statutory Definitions Rules of Interpretation- The Literal Rule; 11 chapter 3 - recommended; 03 - recommended; Interpretatation of statutes, is the way in which statues are interpreted; Mischief rule is the rule of interpretation; Maramane v Lesotho National General Insurance Co; Case Brief Matumelo Maramane; Case Brief Koali Moshoeshoe 3. or A. "The primary indication of [Congress'] intent is the language of the statute." Interpretation: Construction: In law, interpretation refers to exposing the true sense of the provisions of the statutes and to understand the exact meaning of the words used in any text. Primary Rules for Interpretation of Statutes Literal Construction. Rules of literal interpretation. Chapter 12, 1 11. Interpretation of regulations. Distinction Between Strict and Liberal Construction of Statute. Unit I: Introduction a. The answer is clearly yes. Further Reading. Construe (apply the rules of construction) It is the most basic principle of statutory construction. 1. One of the primary and basic rules in statutory construction is that. This is called the literal rule. With time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting statutes. Title Short title. The need for interpretation arises due to the imperfection of language. 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, plain, and natural meaning. Important articles and study material on Interpretation Of Statutes Click on the link to Read Module: 1. Strict construction requires a judge to apply the text only as it is written.

In the event that harmonizing both clauses is unlikely, the courts decision on the provision would take precedence. The statute must provide special meaning for a term itself in the interpretation section. Need for Interpretation Unit II: Different parts of a Statute Unit III: Rules of Interpretation a. Literal Rule b. 4a has been amended by Chapter 55, Article 1, Section 60; 169.09 subd.

(2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. Subject: Interpretation of Statutes Objective: The paper is to equip the students with various tools of interpretation of statutes. Introduction, Meaning and Nature of Interpretation; Rules of Interpretation; Principles of Constitutional Interpretation; Module: 2. In short, they are responsible for applying the law and therefore, they must be a superior law-making body and independent from all government body. In the interpretation of statutes, the courts always presume that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect. What is the strict Sr. liberal construction of statutes? The interpretation that is consistent with all of the statutes provisions should be used. Courts will give effect to a statute's plain meaning and assume the Legislature means exactly what it says. Rules of construction translate the output of interpretation into legal effects. It is not necessary that the words used in Words undertake shifts in their meaning over time. History of Interpretation. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction. According to Salmond Interpretation or Construction means the process by which the Courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.. These rules will be discussed within the body of this essay. 1. A Constitution of a state refers to the basic and fundamental principles which the inhabitants of the state consider to be essential for their governance and wellbeing (Prof. G.W. LP GAS RULES. Or the statements, provisions, or the lines or words, phrases found in the law itself. INTRODUCTION. In this video we shall understand the beneficial rule of interpretation as laid down in Heydon's case. 29-251b. [FN16] Avoid interpreting a provision in a way that would render other provisions of the Act superfluous or unnecessary. As applied in case law, many of the rules are subject to exceptions or qualifications. Critics of strict construction contend that this approach does not always produce a just or reasonable result. The fundamental objective in statutory construction is to determine and carry out the intent of the Legislature. It is said that the words themselves best declare the intention of the law-givers. One of the primary and basic rules in statutory construction is that. Acts and Rules are drafted by legal experts and it is expected that the language used will leave little room for interpretationorconstruction. The rules of interpretation of statues broadly help in removing the uncertainty and ambiguity in the language also in understanding the intention of

Q.1 What is Interpretation of law. Construction - Statutory Interpretation Review Interpretation of Statutes IOS2601 ch1 - ch4Statutory Interpretation - Introduction English Than Others 10 RULES OF STATUTORY CONSTRUCTION: Finding the law's true meaning Supreme Court Issues Four Second Amendment Rulings \u0026 Strikes Down ATF Tyranny!! 7. A Rule is a uniform or established course of things. Plain Language. But, if applying the plain language leads to an absurd result or a result that is contrary to the obvious intent of the General Assembly, or if the language is ambiguous, then the court will apply rules of statutory interpretation to construe the statute. If the language is clear and unambiguous, the court will not look to rules of The traditional avoidance canon required the court to choose a different interpretation only when one interpretation was actually unconstitutional. In the event that harmonizing both clauses is unlikely, the courts decision on the provision would take precedence. Internal Aids The USRCA attempts to lift the drafters burden while simplifying the interpretive duties of the judge. An Aid, on the other hand is a device that helps or assists. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. Important articles and study material on Interpretation Of Statutes Click on the link to Read Module: 1. construction, in distinction, originate in the law. But the experience ofalldealing with tax laws has been different. which are beyond the outright expression of the legal text. But there may be a situation when conflict may arise on simultaneous application of above rules, to avoid such conflict, final rule i.e. Departure from the rule. Some amount of interpretation is often necessary when a case involves a statute. When a statute is interpreted liberally to give the widest possible meaning to it, it is called beneficent construction. 1994), aff'd in part, rev'd in part on other grounds, 115 S.Ct. Construction of a penal statuteCheck for part 11!Don't miss the riddle at the end of the video(Answer given to the previous riddle) Mischief Rule was originated in Heydons case in 1584. This edition offers a complete and up-to-date account of statutory interpretation. Construction tries to conclude it. Explain the rule of harmonious construction in the interpretation of statutes. The Construction of Statutes, 7th Edition. A. Statutory Text a. Statutory Definitions Interpretation of every statute must be based upon the aforesaid primary and secondary rules. There is established, within the Department of Administrative Services, a Building Code Training Council which shall advise the State Building Inspector and the Codes and Standards Committee on all matters pertaining to certification training programs, continuing educational programs for building (a) Nature and Kinds of Indian Laws: Statutory, Non-statutory, Codified, Un-codified, State-made and State-recognised laws; meaning and scope of statute (b) Meaning, Object and Scope of interpretation and construction (c) Basic sources of statutory interpretation Question 1. Discuss in brief the primary rule of literal construction In the Interpretation of a statute. [Dec 2013 (6 Marks)] In construing statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the plain meaning rule. The rules of interpretation of statutes are divided into two categories. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. Through construction, one can discover the legal effect of the legal text. What is the strict Sr. liberal construction of statutes? LAW STUDENT, CASES ON STATUTORY CONSTRUCTION AND CONSTITUTIONAL LAW no. 2357 (1995). The interpretation of laws is the primary function of the courts of law. In such situations, the rules of interpretation of statutes are applied and the provisions are construed so as to give maximum effect to them and to render justice to the situation at hand. Rules of Interpretation- The Literal Rule; 11 chapter 3 - recommended; 03 - recommended; Interpretatation of statutes, is the way in which statues are interpreted; Mischief rule is the rule of interpretation; Maramane v Lesotho National General Insurance Co; Case Brief Matumelo Maramane; Case Brief Koali Moshoeshoe Additionally, statutory construction is further exacerbated by clear standards of treaty interpretation being tainted by exclamations that certain items subject to the Competent Authority provision are outside the scope of treaty resolution. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. According to primary rule, the of a statute are to be understood in their natural, ordinary popular and grammatical meaning unless such a construction leads to an absurdity or contents or object of the statute suggests a different meaning? It is the rule of purposive construction because the purpose of this statute is most