The purpose of this module is for students to gain sufficient knowledge, skills, attitudes and competencies to analyse and critically evaluate legal material the constitution, legislation, case law and academic opinions which relates to the interpretation of legislation and the constitution. Interpretation is necessary when case involves suble or ambiguous aspects of a statute. While interpreting a statute attempt should be made to suppress the mischief and advance the justice. Today, though capital punishment, not a big issues, still concerned not just with deprivation of liberty, but also with the stigma associated with a criminal offense.
Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the department of motor vehicles dmv. Justice g p singhs principles of statutory interpretation is the most comprehensive and. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. A teaching tool concept keypoints explanation statutory interpretation refers to both the process or activity of interpreting statutes and to the law the body of rules and principles that regulate the way statutes are interpreted. Interpretation of statutes download ebook pdf, epub, tuebl.
Statutes and their interpretation in the first half of the fourteenth century book summary. The chapter situates debate about statutory interpretation as a battle between. Interpretation of statutes pdf notes, ebook for law llb. Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the u. The object of interpretation of statutes is to determine the intention of the legislature. Chapter 1 introdution to interpretation of statutes.
Nov, 2015 and then, there has been criticism made as to the utility of definition clause or the interpretation clause. These rules each take different approaches to interpretation of a statute. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. To provide understanding and working knowledge of sources of law, constitution, legislative environment, interpretation of statutes and general laws. Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. Judicial precedent 1 interpretation of statutes jigl cs executive. Jun 08, 2015 as all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. A guide to reading, interpreting and applying statutes. Interpretation of statutes introduction, meaning and nature of interpretation introduction 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. The theory and practice of statutory interpretation. It is extremely important and infact necessary also that the courts interpret the law in such a manner that.
Discuss the rules of statutary interpretation with the. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Interpretation of statutes free ebook download as powerpoint presentation. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Statutory structure and legislative drafting conventions. Apart from above brief submissions on interpretation of different statutes, many types of internal and external aids are used for the purpose of interpretation of statute. Absorbing study of early english statutes plucknett, theodore f. All about interpretation of statutes by nishita kapoor download pdf.
But an unwritten legal rule, like an old statute, governs of its own force until something. Some amount of interpretation is often necessary when a case involves a statute. Interpretation of statutes repeal statutory interpretation. Laws and their interpretation university of chicago press 2010. Justice g p singhs principles of statutory interpretation is the most comprehensive and authoritative work on the subject. Legislation and statutory interpretation concepts and insights. Download interpretation of statutes notes by pdf online. The judges and the lawyers whose duty it is to interpret statutes. Statutes and their interpretation in the first half of the fourteenth century.
Welfare, social and beneficial statutes are not to be construed strictly. May 04, 2015 statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The difference between the two main approaches to statutory interpretation in sa can largely be reduced to the respective views on the relationship between the text and the context of legislation. But if the words are vague and ambiguous then internal aid may be sought for interpretation. Buy interpretation of statutes notes by pdf online from company secretary. Interpretation of statutes also available for read online in mobile and kindle. It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation of all legislation. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. As stated by salmond, by interpretation or construction is meant, 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.
My friend and colleague gerald dworkin kindly discussed points and made suggestions, but is not in any way to be identified with the text. Pdf a commentary on the interpretations of statutes. Interpretation thus is a familiar process of considerable significance. Statutory interpretation download ebook pdf, epub, tuebl. Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar william eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. You can easily download interpretation of statutes pdf notes, ebook for law llb students below. However, in many an acts, definition clause is inserted to mean a word or expression. Pdf statutory interpretation download full pdf book. Jurisprudence, interpretation and general laws max marks 100 objective.
Distinguished legal historian theodore plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances. On the interpretation of statutes by maxwell, peter benson, sir. The paragraph of this case cited in this work is from pdf of the judgement available at judis 10 union of india v. Interpretation of statutes pdf notes, ebook for law llb students. One reply to interpretation of statutes nagaraj t v. But if it should happen to be too palpable in its direction to admit of but one construction, there is no doubt in the english law, as to the binding efficacy of the statute. Interpretation of statutes importance of the words and and or to ensure that justice is made available to all, the judicial system has been evolved in all nations.
The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. Interpretation of statutes download ebook pdf, epub. To download information on various subjects visit to receive. Inter ca, nov19, revision lectures law interpretation of statutes inter ca, nov19, revision lectures law interpretation of statutes to download notes and for schedule of all other. Despite this, there has been an inclusion of definition clause in most of the statutes so created, whether in the indian statutes or the statutes abroad. As all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be.
If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. On the interpretation of statutes internet archive. Gp singh interpretation of the year survey of the interpretation of statutes deliberates and decides on wide three golden rules of interpretation as explained by justice g. On the interpretation of statutes sir peter benson maxwell. Click download or read online button to get statutory interpretation book now. Pdf interpretation of statutes download read online free. While interpreting tax laws double taxation avoidance agreements have to be considered as supreme and would prevail even if meaning and language in the. Maxwell on the interpretation of statutes by langan, p. Statutes of course trump unwritten rules, just as new statutes trump old ones.
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 the constitution, such as ubuntu. But what will happen if a provision in any statute is found to convey more than one meaning. Originally published in 1922, this book examines legal statutes and their interpretation in english courts during the reigns of edward i, edward ii and edward iii. This site is like a library, use search box in the widget to get ebook that you want. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes. This video contains jurisprudence, interpretation and general lawsinterpretation of statutes part 1 of cs executive new syllabus 2018. Some of these aids are found within the statute and known as internal parts or aids to statutory interpretation e. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Statutory interpretation is the process by which courts interpret and apply legislation.
Download free sample and get upto 30% off on mrprental. Interpretation of statutes pdf interpretation of statutes interpretation of statutes book types of statutes british statutes applicable to india texas family statutes annotated ohio ethics law and related statutes colorado revised statutes 2019 selected federal taxation statutes and regulations 2019 selections for contracts 2016. Statutory interpretationhow judges read the statute laws of parliament role of the courtsrecall the courts have two main roles to resolve disputes, both criminal and civilto declare the law by creating new common law ex post facto and interpreting the meaning of statute law declaring the statute lawthere can be uncertainty and dispute about the. Interpretation of statutes and principles of legislation.
Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. Download interpretation of statutes ebook in pdf, epub, mobi. Jun 09, 2018 this video contains jurisprudence, interpretation and general lawsinterpretation of statutes part 1 of cs executive new syllabus 2018. Page 236 they will not readily presume, out of respect and duty to the lawgiver, that any very unjust or absurd consequence was within the contemplation of the law. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf. Maxwell on the interpretation of statutes 12th edition pdf. Interpretation of statutes interpretation of statutes pdf interpretation of statutes book types of statutes british statutes applicable to india texas family statutes annotated colorado revised statutes 2019 ohio ethics law and related statutes selections for contracts 2016 edition selected statutes selected federal taxation. Pdf statutory interpretation download full pdf book download. Click download or read online button to get interpretation of statutes book now. Statutory interpretation is the process of interpreting and applying legislation to decide cases. The provisions of this act shall apply to the interpretation of every law as in this act defined in force, at or after the commencement of this act, in the republic or in any portion thereof, and to the interpretation of all bylaws, rules, regulations or orders made under the authority of. Students who complete this module will be able to formulate legal arguments.
Rules of interpretation of tax statutes p a g e 6 49 introduction 1. Statutory construction and interpretation general principles and recent trends. There are several tools that can help you to determine the meaning of an ambiguous statute or to choose between multiple plausible interpretations of the same. Ios2601 notes to be printed autosaved ios2601 november 2005. The author, nishita kapoor is a 3rd year student of. This has been a new initiative from goodword and we hope that it. Interpretation of statutes and principles of legislation book pdf. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The process of statute making and the process of interpretation of statutes are two distinct activities. It does so, first of all, because it involves richer. It is a readytouse gist for law students and the primary objective of this gist is to enable the reader to understand the indepths of the subject and to provide exam oriented information.
Interpretation of statutes basic knowledge llb notes. The interpretation of statutes is one of the most important subject usually taught in law. It is extremely important and infact necessary also that the courts interpret the law in such a manner that ensures access to justice to the maximum. Argumentation systems, interpreting statutes, ordinary language meaning, argument from purpose, ambiguity, abductive reasoning, argumentation schemes. Interpretation of statutes pdf interpretation of statutes interpretation of statutes book types of statutes british statutes applicable to india texas family statutes annotated ohio ethics law and related statutes colorado revised statutes 2019 selected federal taxation statutes and regulations 2019 selections for contracts.