Why is statutory interpretation needed?
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 is construction in interpretation?
Interpretation is the activity of identifying the semantic meaning of a particular use of language in context. Construction is the activity of applying that meaning to particular factual circumstances. Construction is the activity of determining the legal effect (or legal content) of a legal text.
When general word follows specific word of a distinct category the general word may be given a restricted meaning of the same category the general word take its meaning from preceding expression this is what is known as?
The expression Ejusdem Generis means of the same kind. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. But when a general word follows specific words of a distinct category, the general word may be given a restricted meaning of the same category.
What is statute in pari materia?
To summarize, statutes are considered to be in pari materia to pertain to the same subject-matter when they relate to the same individual or things, or to the same class of people or thing, or have the same reason or object.
What is meant by statutory interpretation?
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge.
What is an example of a statutory law?
A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law. This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.
What is the purposive rule of statutory interpretation?
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a …
What are the basic principle of interpretation?
Often enough interpreting the provision, it becomes necessary to have regard to the subject matter of the statute and the object which it is intended to achieve. According to this rule, the words of a statute must be construed ut res magis valeat quam pareat, so as to give a sensible meaning to them.
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.
What is beneficial construction?
Beneficial construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation should be chosen.
What is a saving clause?
Legal Definition of saving clause : a clause in a statute exempting something from the statute’s operation or providing that the rest of it will stand if part is held invalid also : a contractual clause providing that if part of the contract is invalidated the rest shall remain in effect.
What are the basic rules of interpretation?
The primary rule is to interpret words as they are. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. words should be simple so that the language is plain and only one meaning can be derived out of the statute.
What is the object of interpretation?
Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
What is the mischief rule of statutory interpretation?
The mischief rule of statutory interpretation is the oldest of the rules. 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.
How do you use Ejusdem generis in a sentence?
The ejusdem generis rule is intended to guard against accidental omissions and it cannot be a cure for poor or inadequate drafting. It is thought that nowadays it would be unusual for the scope of general sweeper up words to be cut down under the ejusdem generis rule.
What is a non obstante clause?
‘Non-obstante’ is a Latin word which means ‘notwithstanding anything contained’. That means this clause empowers the legislation or a provision in which it contains, to override the effects of any other legal provisions contrary to this under the same law or any other laws.
What is Ejusdem generis rule?
Related Content. A Latin phrase meaning “of the same kind”. The rule requires that where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specifically mentioned.