Interpretation of Statutes

Introduction, Meaning and Nature of Interpretation

Introduction Enacted laws, specially 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 constructio…

Rules of Interpretation

There are certain general principles of interpretation which have been applied by Courts from time to time. Primary Rules of Interpretation are discussed hereunder. Rule of Literal Interpretation I…

Principles of Constitutional Interpretation

Principles of Constitutional Interpretation Introduction The letters of the constitution are fairly static and not very easy to change but the laws enacted by the legislature reflect the current st…

INTERNAL AIDS TO CONSTRUCTION

[Laws enacted by the legislatures are interpreted by the judiciary. Their are internal aids to construction as well as external aids.] Introduction Laws enacted by the legislatures are interpreted …

EXTERNAL AIDS TO CONSTRUCTION

Introduction When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commis…

RULES OF CONSTRUCTION

Introduction The interpretation of laws is confined to courts of law. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Mo…

OPERATION OF STATUTES

Introduction Statutes are either prospective or both prospective and retrospective from the point of its applicability i.e. the period of legal effect of statutes. All statutes in general have only…

DELEGATED LEGISLATION

What is delegated legislation? Delegated legislation has been defined by: Salmond as “that which proceeds from any authority other than the sovereign power and is therefore dependent for its …

EXPIRY AND REPEAL OF STATUTES

Meaning of Repeal Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal any Actin whole or in part, either expressly or impliedly by enacting matter contrary to …