Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. When the language of the statute is clear, there is no need for the rules of interpretation. But, in certain cases, more than one meaning may be derived from the same word or sentence.
What is interpret in law?
The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will.
What does it mean to interpret state laws?
Statutory interpretation is the process by which courts interpret and apply legislation. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
What is statutory interpretation in law?
Statutory interpretation in its broadest sense is the process of determining the true meaning of a written document. There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach.
What do you mean by interpretation of statutes explain the golden rule of interpretation?
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.
How do judges interpret statutes?
First, judges often begin by looking to the ordinary meaning of the statutory text. Second, courts interpret specific provisions by looking to the broader statutory context. Fourth, courts may look to the legislative history of a provision. Finally, a judge might consider how a statute has been—or will be—implemented.
What is the purpose 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.
What are the basic principles of interpretation of statutes?
The main and most important objective of interpretation is to see the intention that has been merely expressed by the words. The words of the statute are to be interpreted so as to ascertain the mind of legislature from natural and grammatical meaning of the words which it has used.
Why do judges interpret statutes?
This helps in ascertaining the true meaning of the words used in a statute. The main objective of the interpretation of statutes is to determine the intention of the legislature where the meanings of the words are expressly or impliedly mentioned.
Who interprets a statute?
judges
Usually, the interpretation of the statute is done by the judges, it is the primary function of the judge as a judicial head. As we all know that our government is divided into three important wings which are: Legislature, Executive and Judiciary.
What are the objectives of interpretation?
The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly.
How do courts really interpret statutes?
First, judges often begin by looking to the ordinary meaning of the statutory text. Second, courts interpret specific provisions by looking to the broader statutory context. Third, judges may turn to the canons of construction, which are presumptions about how courts ordinarily read statutes.
What is the object of interpretation of statutes?
MEANING. The phrase ‘Interpretation’ has been derived from the Latin word ‘Interpretari’ which refers to elucidate,comprehend and construe.
What is strict interpretation of statutes?
Also referred to as original intent or strict interpretation. The interpretation of a legal statute strictly on what is written and not looking at the intent of the makers or spirit of the law. The plain meaning or letter of the law. [Black’s Law Dictionary]
What is the literal rule of statutory interpretation?
The literal rule is a type of statutory construction, which dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise. In other words, the law is to read, word for word and should not divert from its true meaning.
