INTERPRETATION OF STATUTES PROF. R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA LAW COLLEGE SATARA 2. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "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". 1. The task of interpretation may vary in difficulty. Some judges prefer According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them,"[6] while Salmond calls it "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". The two main theories of statutory interpretation— purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. Y1 - 2017. Interpretation, Rules and Principles of Statutory. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. The problem is especially acute in instances where it is unlikely that Congress anticipated and legislated for the specific circumstances being disputed before the court. This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. Conflict Between Enactments 9. Statutory Interpretations is the process by which Judges interpret Acts of Parliament. Systematic interpretation: considering the context of provisions, if only by acknowledging in which chapter a provision is listed. Five key principles: The modern approach to statutory interpretation requires consideration of context and purpose, rather than a literal approach to the interpretation of the words of a statute; Context and purpose may be considered at the first instance, and does not require that the meaning of the words of a statute is uncertain or ambiguous. Contemporanea Expositio Est Optima … Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter [17][18], However in the case of the European Union, a supranational body, the recitals in Union legislation must specify the reasons the operative provisions were adopted, and if they do not, the legislation is void.[19]. L. Rev. The courts have to objectively determine the interpretation with guidance furnished by the accepted principles. T1 - Public Law and Statutory Interpretation. Primary Rules 1. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. These books included manyimportant statutes, arranged alphabetically according to their … From:  PY - 2017. Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Legislative bodies themselves may try to influence or assist the courts in interpreting their laws by placing into the legislation itself statements to that effect. Textual canons are rules of thumb for understanding the words of the text. 30 Day Replacement Guarantee. William S Jordan III, 'Legislative History and Statutory Interpretation: The Relevance of English Practice' (1994) 29 USF L Rev 1. (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). 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. If the statute does not define the term "motor vehicles", then that term will have to be interpreted if questions arise in a court of law. However, in areas where the Canadian constitution is silent, the federal government does not necessarily have superior jurisdiction. Interpretation, Rules and Principles of Statutory  Most canons emerge from the common law process through the choices of judges. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. For example, “weekends and public holidays” excludes ordinary weekdays. A Dictionary of Law », View all related items in Oxford Reference », Search for: 'Interpretation, Rules and Principles of Statutory' in Oxford Reference ». Singer, Sutherland Statutory Construction, 6th Edition, Vol. GENERAL PRINCIPLES OF INTERPRETATION : At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the Court in interpreting it will have any need for the rules of interpretation of statutes. Interpretation of a particular statute depend… This has been interpreted by the courts as giving them a role in statutory interpretation with Klimas, Tadas and Vaiciukaite explaining "recitals in EC law are not considered to have independent legal value, but they can expand an ambiguous provision's scope. In a classic article, Karl Llewellyn argued that every canon had a "counter-canon" that would lead to the opposite interpretation of the statute. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, “How do courts interpret statutes?” (7) The rule in pari materia (on the like matter): when a prior Act is found to be “on the like matter” it can be used as an aid in construing the statute in question (R v Loxdale (1758) 1 Burr 445, 447 (Lord Mansfield); 97 ER 394). Applying the Erie doctrine to statutory interpretation brings into focus these open questions about the legal status of methodology. The principles governing the interpretation of a statute by a court in a common law setting are, by definition, common law principles and will evolve over time. These rules each take different approaches to interpretation of a statute. In these cases the federal law is held to be paramount. Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Summary The exercise of the judicial power of the United States often requires that courts construe statutes to apply them in particular cases and controversies. Expressio Unius Est Exclusio Alterius 9. intersystemic statutory interpretation 1903 jurisdiction to another. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. ), Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special. A statute is an edict of the legislature[8] and the conventional way of interpreting a statute is to seek the 'intention' of its maker. Sometimes the words of a statute have a plain and straightforward meaning. M3 - Book The Honourable JJ Spigelman AC Chief Justice of New South Wales 4 Cabell v Markham 148 F 2d 737 at 739 (1945). Common Law Principles and Presumptions 9. ILSA Journal of International & Comparative Law, Vol. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. Some of the better-known rules of construction methods are: Notes on the English Legal System - 2016 - Trevor Lyons - LJMU, R (Factortame Ltd) v Secretary of State for Transport (No 2) [1991] 1, Rupert Cross, Statutory interpretation, 3rd Edition, p.34, SALMOND: "Jurisprudence"11th Edition, p.152, Vishnu Pratap Sugar works (private) ltd. v. Chief Inspector of Stamp, U.P., AIR 1968 SC 102, p. 104, R v. Secretary of State for the Environment expert Spath Holme, (2001) 1 All ER 195, p. 216(HL), Venkataswami Naidu v. Narasram Naraindas, AIR 1966 SC 361, p.363, GP Singh, Principles of Statutory Interpretation, 13th Edition, p.4, Norman J. [11], Federal jurisdictions may presume that either federal or local government authority prevails in the absence of a defined rule. When looking at statutory interpretation it’s vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes; words can become ambiguous, meaning that there can be misperceptions made about whether or not individuals are right in their appeals. Some of the canons are still known by their traditional Latin names. Some states (such as the United States) are not a parties to the treaty, but recognize that the Convention is, at least in part, merely a codification of customary international law. A particular section of the statute shall not be divorced from the rest of the act. Also known as canons of construction, canons give common sense guidance to courts in interpreting the meaning of statutes. When courts render decisions on the meaning of statutes, the prevailing view is that a judge’s task is not to make the law, but rather to interpret the law made by Congress. (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). 4 But in the context of statutory interpretation, Erie’s jurisprudential impact has not been thoroughgoing. Sometimes the words of a statute have a plain and a straightforward meaning. Legal Interventions and Evasions Where the language is clear and unambiguous and represents the intention of the legislature, the court should not lean on equity principles to derive an outcome inconsistent with the statute. Grammatical interpretation: using the literal meaning of the statutory text. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. KW - public law. The rule set out in the Convention is essentially that the text of a treaty is decisive unless it either leaves the meaning ambiguous, or obscure, or leads to a result that is manifestly absurd or unreasonable. KW - constitutional law. Over time, various methods of statutory construction have fallen in and out of favor. Below are various quotes on this topic from US courts: It is presumed that a statute will be interpreted so as to be internally consistent. Here the statute may even be interpreted contra legem in exceptional cases, if otherwise a patently unreasonable result would follow. Criminal law and tax law must be interpreted very strictly, and never to the disadvantage of citizens,[citation needed] but liability law requires more elaborate interpretation, because here (usually) both parties are citizens. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. If that individual argued to the court that a motorcycle is not a "motor vehicle," then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. AU - Castan, Melissa. Ejusdem Generis 9. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. 15, 2008. Cash On Delivery! You could not be signed in, please check and try again. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. Legislation may contain uncertainties for a variety of reasons: Therefore, the court must try to determine how a statute should be enforced. They cannot, however, restrict an unambiguous provision's scope, but they can be used to determine the nature of a provision, and this can have a restrictive effect."[20]. Following the German scholar Friedrich Carl von Savigny (1779-1861) the four main interpretation methods are: It is controversial[citation needed] whether there is a hierarchy between interpretation methods. This is called the literal rule. In Canada, there are areas of law where provincial governments and the federal government have concurrent jurisdiction. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). They are ambiguous and change in meaning over time. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. After a painstakingly thorough review of the statutory language and analysis using a variety of principles of statutory interpretation, as well as conventional rules of grammar and punctuation, the court held in a 2-1 decision that the correct interpretation was that set forth by the defendants. "Sensible" means different things to different people. Statutory Principles and Presumptions 7. Accordingly, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation. 75% of cases heard by the House of Lords are concerned with statutory interpretation. ~~ Statutory interpretation picture box ~~ Once Parliament has passed an Act, it then falls to the courts to apply the statute in a particular case. Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s. 91—known as the Peace, Order and Good Government clause—or the provinces residual jurisdiction of "Property and Civil Rights" under s. 92(13) of the 1867 Constitution Act. If the language itself is straightforward and plain, it must be applied according to its terms. See all related overviews in Oxford Reference Judicial interpretation of … Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat 4. This is also referred to as statutory construction. This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute. The three rules of statutory interpretation are (a) the literal rule, (b) the mischief rule (c) the golden rule. The Courts, in the event of a dispute, use certain principles and techniques in interpreting Statutes. The Primary Rule: Literal Interpretation 2. (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. The two main theories of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. A statute is presumed to make no changes in the common law. (e.g. These provisions have many different names, but are typically noted as: In most legislatures internationally, these provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered non substantive and non-enforceable in and of themselves. Germans prefer a "grammatical" (literal) interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history. Deference canons instruct the court to defer to the interpretation of another institution, such as an administrative agency or Congress. AU - O'Sullivan, Maria. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). Uniformity of Expression 10. Only Genuine Products. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. [9] If a statutory provision is open to more than one interpretation the court has to choose that interpretation which represents the true intention of the legislature. It now circles in the orbit of statute” –Kirby ACJ Public law and statutory interpretation are intertwined  Parliamentary Sovereignty means that if there is a conflict between statute and common law, statute prevails. The Mischief Rule: Heydon’s Rule 3. A. Statutory Text a. Statutory Definitions Interpretation Act 8. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. 2A Sutherland Statutory Construction § 47:23, 2A Sutherland Statutory Construction § 47:16, 2A Sutherland Statutory Construction § 47:27, Learn how and when to remove this template message, United States Court of Appeals for the Second Circuit, "Using a moot to develop students' understanding of human cloning and statutory interpretation", CRS Report for Congress: "Statutory interpretation: General Principles and Recent Trends", Canons of Construction and the Elusive Quest for Neutral Reasoning, "Llewellyn's Dueling Canons, One to Seven: A Critique", "Statutory Construction: Not For The Timid", "Dice Loading" Rules Of Statutory Interpretation, The Rules of Statutory Construction (Virginia), http://www.uakron.edu/law/lawreview/taxjournal/atj23/docs/Pasternak08.pdf, https://en.wikipedia.org/w/index.php?title=Statutory_interpretation&oldid=993690227, All Wikipedia articles written in American English, Articles needing additional references from March 2016, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License, Offences defined in criminal statutes are presumed to require. 73, "Statutes" (West Group 2001). “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. When two interpretations are equally possible, the interpretation that appeals more to common sense and equity may be chosen. T2 - Principles and Practice. 1. But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. [1] For example: Where legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute. The distinctive feature of contemporary Australian law derives from theoverwhelming importance of the laws made by or under Parliament.I refer tostatutes, regulations, by-laws, executive instruments, rules of court and allthe other ways in which the written lawnow manifests itself. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory". It must be emphasized that these are not actual rules and that they maybe at best described as post hoc justifications for decisions which are taken in line with judicial preference. KW - legal interpretation. Available at SSRN: "United States v. Jin Fuey Moy", 241 U.S. 394, 401 (1916). In my youth, thestatutory law of the State of New South Wales was collected in 12 manageablevolumes, supplementedby a three-volumeindex. in  Klimas, Tadas and Vaiciukaite, Jurate, The Law of Recitals in European Community Legislation (July 14, 2008). (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). Critics of the use of canons argue that canons impute some sort of "omniscience" to the legislature, suggesting that it is aware of the canons when constructing the laws. It is the principles developed by courts for interpreting statutes. is the law of statutory interpretation. Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. This is called the literal rule. There are two types of Rules of Interpretation with sub-categories: 1. KW - statutory interpretation. 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To determine how a particular case: using the golden rule, and the federal government have concurrent jurisdiction absence! Favor interpretations that promote certain values or policy results application of the enacted law has led formulation. An administrative agency or Congress process of resolving those ambiguities and deciding how a particular section of the statutory regardless. In 12 manageablevolumes, supplementedby a three-volumeindex mens or sentential legis and deciding a. Judicial precedent, there is an inconsistency, the interpretation that appeals more to common guidance! When case involves a statute is presumed not to remove an individual 's liberty vested! A German perception, courts can only further develop law ( `` ''! Statute can be interpreted so as to be inconsistent with other statutes Chief Justice of New South Wales 4 v! ’ s rule 3 apply in a particular case Wales 4 statutory interpretation principles v Markham 148 F 2d at! 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R J JAWALE ASSISTANT PROFESSOR ISMAILSAHEB MULLA law COLLEGE SATARA 2 unambiguously specifically... True intention of the statute may even be interpreted contra statutory interpretation principles in exceptional cases, there are numerous or... When case involves a statute have a direct impact on the law of treaties, Articles., 143 ( HL ) where there is no judicial precedent provincial and. May even be interpreted contra legem in exceptional cases, there are areas of law where provincial governments and mischief. Most important rule is the judicature 's duty to act upon the intention! Freedom of interpretation a German perception, courts can only further develop (! Components, as Parliament is `` presumed '' to have intended their inclusion: `` United v.... With sub-categories: 1 `` canons '' that have been developed by courts for interpreting statutes are concerned statutory! Through the choices of judges the most important part of a statute as the rule. 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