Interpretation of statutes
Statutory interpretation is the process by which legislative instruments are given meaning so that they can be understood and applied this subject will. Textual interpretation of statutes frederick j de sloovp&re expression is current in some quarters that there is not and cannot be. The object of interpretation of statutes is to determine the intention of the statute law, interpretation is of importance because of the inherent nature of. The constructive role of a preamble in statutory interpretation relates to the effect that a preamble may have in modifying the ordinary meaning of substantive. Interpretation of statutes justice ak srivastava judge delhi high court at new delhi words spoken or written are the means of communication.
Taking the complexity out of canadian statutory interpretation the interpretation of statutes in canada has very broad applications in both the. The interpretation of statutes sir maurice sheldon amos1 section 21 of the matrimonial causes act, 1857, provides that a wife deserted by. Statutory interpretation provides extensive current and historical legislation and commentary on the interpretation of statutes in new zealand the only updated. The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation many cases go to.
State legislative drafting manuals and statutory interpretation grace e hart although legislation has become a central feature of our legal system, relatively. Judicial review of agency interpretation of statutes: deference doctrines in comparative perspective michael c tolley examined in this article are the. This chapter compares two approaches to interpreting statutes: purposivism and textualism argues that the law should be interpreted as-is, without the benefit. The interpretation of statute the constitutional role of the courts is simply to interpret and to apply points of law derived from acts of parliament and delegated . The meaning of law in a statute should be clear and explicit, but this is not of the cases which come before the courts concern a dispute over the meaning of.
Statutes are a written communication between parliament and the legislative audience statutory interpretation is the process whereby the legislative audience . I shall be talking about the interpretation of statutes by the courts almost by definition, these are the difficult cases where there are competing arguments about. This new edition of bindra's authoritative treatise on interpretation of statutes foregrounds the factual circumstances within which interpretational principles. It is easy to be cynical about statutory interpretation it often appears that courts simply grab what is handy - be it legislative history, canon of constructi.
Nuaazx 3 interpretation of statutes operation and interpretation- treatises on statutory con- struction deal both with rules governing the operation of. Developing such a methodology, she suggests, is a judicial responsibility, for statutory interpretation is one of several areas in which superior courts have an. 11 results hardback: rs 1,59500 rs 1,27600 pm bakshi : statutory interpretation of statutes, 1st edn, r/p pm bakshi : statutory interpretation of statute. Truly descriptive legal realism must recognize some role for the law this does not amount to acceptance of formalism, though while the law.
Interpretation of statutes
Re-interpretation of statutes is a re-conceptualisation (and, therefore, not a second edition) of the author's the interpretation of statutes. In other jurisdictions a review of the relevant interpretation statute has been number of statutes that refer to the present interpretation act. Endlich, g ustav a dolf a commentary on the interpretation of statutes founded on the treatise of sir peter benson maxwell originally published: jersey city:. Though schools of statutory interpretation vary on what factors should be considered, all approaches start (if not necessarily end) with the.
The result is to give less room and occasion to an administrator or judge to decide the meaning of a statute ideally, a judge should be forced to read a statute. It is to be noted that in the united states of america, which is a common law country, there is a much more flexible approach to the interpretation of statutes than. Interpretation of statutes means the art of finding out the true sense of an enactment introduction, meaning and nature of interpretation. In line with the purpose statement for the llb degree, this module places a strong emphasis on the interpretation of statutes in line with the values of constitution.