In interpreting a statute, the court's task is to discern the intent of the legislature. When the court performs its supplemental lawmaking role, it relies on or defers to the legislation to different extents. The best evidence of the legislature's intent is the text of the statute. To find the true intention of the legislature, there exist many rules, principles, and aids in the interpretation of statutes. To ascertain the correct meaning of the word in a statute. Scepticism about the concept of legislative intent is a powerful strand in the literature, of course. Further, though the goal may be to interpret legislative intent, certain specific canons of construction can be used to aid in that interpretation. So far as a judge is concerned, the concept of legislative intent provides the correct constitutional orientation. A certain amount of implication or inference can be utilized to discover legislative intent.17 4. The Equity of the Statute Rule The key here is the statute's purpose, true reason for being, or the equity of the statute. Judges Interpretation of Legislation. The Primary Sources of Legislative Intent: Intrinsic Analysis and Extrinsic Aids. Theories of Legislation and Statutory Interpretation: Natural Law and the Intention of the Legislature Patrick J. Kelley* INTRODUCTION Lately, legal scholars have explored an area of research that some of them now call "legisprudence," which includes the study PRINCIPLES AND RULES OF INTERPRETATION: out the legislative purpose. 2. For other recent expressions of the sceptical view, see JF Manning 'Without the Pretense of Legislative Intent' (2017) 130 Harv LR 2397 and A Burrows Thinking about Statutes: Interpretation, Interaction, Improvement . The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Legislative intent- In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations. 3. The legislature is presumed to have a certain meaning of the words of any particular statute. the intention of Parliament is best found in the ordinary and natural meaning of the words used. Circuit, Justice Scalia observed that committee reports are written by staff and rarely In that Apart from the intrinsic aids, such as preamble and purview of the act, the Court, can consider resources outside the Act, called the extrinsic or external aids. LEGISLATIVE INTENT Donald L. Drakeman* Jettisoned by many modern scholars, legislative intent is a critical component of statutory interpretation, according to a recent book by Richard Ekins. The art of correct interpretation would depend on the ability to read what is stated in plain language, read between the lines, read 'through' the provision, examining the intent of the Legislature and call upon case laws and other aids to interpretation. Interpretation of a statute meant the . When a word has been defined in a statute, it saves the same word to be defined everywhere in a statute, since the word so defined are frequently used. Definition and Meaning: "Interpretation": According to Webster's New World Dictionary the word Interpretation as "the act or result of Interpreting ; Explanation, Meaning, Translation, Exposition, and word construction is understood as the act or process of construing, the way in which something is constructed ; manner or method of building." Statutory is defined as fixed, authorized . As the legislative democratic part of the state, Parliament must be taken to want to effect exactly what it says in its laws. Also, there could be cases where the direct interpretation of words could lead to absurdity. Legislative intent- There arises need for the judges to ascertain the correct meaning of the law laid by the legislature. A Statute is an edict of the Legislature and it must be construed "to the intent of them who make it" and "duty of the judicature is to act upon the true intention of the Legislature- the mens or sententia legis." Need For Interpretation In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary: 1. The intention of the legislature is essentially constructed of two aspects: the concept of meaning and the concept of purpose and object. A statute is a will of legislature conveyed in the form of text. If more than one meaning could be derived from the same word or sentence or the provision giving different meaning which will defeat the objectives of the law -there is need to ascertain the real intention of the statute. The concept of legislative intent works on the idea that the judges are required to work according to the legislature's intent and the case of interpretation has to be approached with a legislative mind. Legislative intent. Interpretation means the process of ascertaining the true meaning of the words used in a statute. INTENT Renton Lecture, November 2017 Sir John Laws Introduction 1. In a taxing Act it is not possible to assume any intention or governing purpose of the statute more than what is stated in the plain language. This is the opposite of the mischief rule. The discussion is for the most part applicable to the interpretation of private law instruments as well. • Statute must be read as a whole in its Context. 4.2 The rules of statutory interpretation . They have a measure of discretion and creative power in the manner in which they interpret legislation. If judges are permitted to give an obvious or non-literal 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 The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. In explaining and critiquing some of the modern theories, I do not try to reinvent the wheel . by Rabia Jehanzeb It is to be understood according to the intent of its maker, with the guidance furnished by the accepted principles of interpretation. Statutory Interpretation 4 2. Meaning of Interpretation of Statutes and the Intention of Legislature - Read online for free. at 610-611. Indeed, the interpretation of statutes is thought to consist in ascertaining the intention of Parliament. ; 6 The Intention of the Legislature in the Interpretation of Statutes, Current Legal Problems, Volume 9, Issue 1, 1 January 1956, Pages 96- Any statute framed should be in accordance with such meaning. 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 . There are problems with the canons of statutory construction: -For every canon, there's an equal and opposite canon. with that intent, the term "or" should be interpreted as "and." In re M.I., 2013 IL 113776 Whether a statutory command is mandatory or directory is a question of statutory construction that is reviewed de novo. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. The aids for interpretation may be divided into two categories, namely, Internal and External. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. Id. Statutory interpretation is an exercise carried out by the court, with the aid of rules and procedures that are intended to decipher ambiguous and vague legislation. The main intention of analyzing is to know the new changes which are being brought due to the legislation and the impacts of that legislation in society. b. Literal interpretation has been called the safest rule because the legislature's intention can be deduced only from the language through which it has expressed itself. Over time, various methods of statutory interpretation and construction have fallen in and out . According to Salmond, Interpretation or construction of statutes entails the . to ascertain: • Legislative Language - Legislative language may be complicated for a layman, and hence may require interpretation; and • Legislative Intent - The intention of legislature or Legislative intent assimilates two aspects: [3] focus will be on interpretation of statutes and constitutions, so I will often use the simple formulation and talk of discovering what the law is. interpretation, legislative history, and purpose. March 30, 2006 - September 24, 2014 97-589. by Rabia Jehanzeb The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. L.J. Every law shall be construed, if possible, to give effect to all its provisions. This then makes the interpretation of statutes not as simple as one would think. 281, 283 (1989) (defining and exploring the concept of legislative supremacy in the field of statutory interpretation). The interpretation of statutes invariably - and by its very nature - involves much more than the mere reproduction of either the plain meaning of language or the intention of a legislature. "The object of interpreting a statute is to ascertain the . A statute is a will of legislature conveyed in the form of text. The most important objective that is achieved by the interpretation of statutes is that it ensures that the court act according to the intent of the legislature. In cases where a statute may be vague, judges must step in to decipher the legislative intent. If more than one meaning could be derived from the same word or sentence or the provision giving different meaning which will defeat the objectives of the law -there is need to ascertain the real intention of the statute. Or there could also be situations where the intention of the legislature is not well expressed in the interpretation of statutes. It is much rather a reconstruction of the generally framed provisions of an enactment with a view to their actual and specific application to and in a . Why is interpretation of law important? This is the safest rule for interpretation of statutes as the intention of the legislature is concluded from the language and words used in the legal text. Interpretation of statutes is an age-old process and a well-settled principle of law for construing and ascertaining the definite meaning of the words that are used in a statute or legislation to fathom out the intention of the policymakers while effectuating the same. tion to those who write the legislative history and speak on the floor. In what has been called the most philosophically sophis-ticated work on the subject of legislative intention, Ekins describes the The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation of statutes has become a significant part of learning the law. HEADINGS AND TITLE OF A CHAPTER - IMPORTANCE IN INTERPRETATION OF STATUTES. Essentials of interpretation of a Statute. The former connotes an understanding derived from the literal meaning of the words of a statute. In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Court held that if two interpretations are possible of the same statute, the one which validates the statute must be preferred. -Prof. Paul Campos, University of Colorado School of Law: There's really Legislative intent is the term that the courts have given to their analysis of the historical documents originally generated when the statute in question was under consideration in the Legislature—state or Federal. Understanding the tools and techniques of statutory interpretation will help you to understand the possible implications a statute may have on your client's interests. In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Court held that if two interpretations are possible of the same statute, the one which validates the statute must be preferred. However, where the meaning is not clear, the courts has to take help of various external sources to draw out the exact meaning of the provision of a statute. "The intention of the legislature in a taxation statute is to be gathered from the language of the provisions particularly where the language is plain and unambiguous. Usually, the interpretation of the statute is done by the judges, it is the primary function of the judge as a judicial head. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used. The courts performs a vital role in interpretation of statute by interpreting and constructing the provision of a law which is in conformity with the intention of the legislature. Parliament makes the law but it is the roles of judges to interpret parliament's words. An empirical The exercise of the judicial power of the United States often requires that courts construe statutes to apply them in particular cases and controversies. This interpretation is done by judges when the legislation was drafted because a statute is an edict of the Legislature. Legislative history can be a guide for statutory construction. As stated by Salmond, "By interpretation or construction is meant, the process by which the courts . Some statutes can have straightforward meanings, while others can be ambiguous. A statute defines the intention of the legislature in the form of the statute. is to be pursued, if possible . In the first section of this Article, I survey a number of modern theories of legislation and test them by considering their adequacy as an explanation of a federal statute, the Family and Medical Leave Act of 1993 ("FMLA), which provides an instructive example of a modern social welfare statute. It is based on It is known by various names like-Doctrine of liberal interpretation: sententia legis, Men's, Social and historical interpretation. The intention of legislature is a shorthand reference to the meaning of the word which is used by the Legislature and determined with guidance accepted principles of Interpretation. Statutes §190. Whenever the interpretation of a legislative enactment becomes an issue in a case, the courts will commonly resort to the Rules . Page 5 Interpretation and Construction are the two very important elements of interpretation, these are used in the process of determining the language used in statute. Two Schools of Thought Regarding the Necessity of Ambiguity. Without having any definition to a word, it becomes ambiguous as to what the statute or the legislature had the intention of the word so added. There are various methods suggested by experts in determining the meaning of statutes. A statute is an edict of the Legislature and the conventional way of interpreting or construing a statute is to seek the 'intention' of its maker. • Statute should be Construed so as to make it Effective and Workable - if statutory provision is ambiguous and capable of various constructions, then that construction must be adopted which will give meaning and effect to the other provisions of the . It is generally accepted that the object of statutory interpretation is to arrive at the intention of Parliament or the legislature. For centuries, jurists claimed that laws should be interpreted in accordance with the intentions of the lawmaker, even as legislative assemblies supplanted individual monarchs as the primary lawmakers in one nation after another. Interpretation Procedure. When the words of a law in their application to an existing situation are clear and free from all . Essentials of interpretation of a Statute. _I_._ULTrn I. Itern XVII of the Law Commission's First Programme reads as f OllOV~S : - ! Statutory Interpretation and Legislative Supremacy, 78 GEO. It is only when a statute could be interpreted in more than one fashion that legislative intent must be inferred from sources other than the actual text of the statute. The intention of the framers of the legislation should be kept in mind. We can say, interpretation of Statutes is required for two basic reasons viz. 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. To ascertain the correct meaning of the word in a statute. • Intention of the legislature. 645.16 LEGISLATIVE INTENT CONTROLS. However, statutory interpretation is considered as a skill of language, rather than law. The conventional way of interpreting or construing a statute is to seek intention of legislature. The court of law finds out the real intention of the legislature in the language used by the legislature in statutes. The bare words of the Act must be construed to get the meaning of the statute and one need not probe into the intention of the legislature. The apply legislations to case facts in the interests of fairness and justice. Salmond defines interpretation as "Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the . Interpretation of statutes is an age-old process and a well-settled principle of law for construing and ascertaining the definite meaning of the words that are used in a statute or legislation to fathom out the intention of the policymakers while effectuating the same. According to Austin, the interpretive process consists of three steps: (a) discovering the rule, (b) ascertaining the intention of the legislature, and (c) extending the statute to cover all those cases that fall within its scope. PGE v. Bureau of Labor and Industries, 317 Or. "the words of a statute are the most direct evidence of that 'intention of the legislature,'" there are times when "the complexity of events and the frailties of draftsmen" prompt recourse to "interpretation materials extrinsic to the words of the statute," i.e., legislative history.10 1(a)Interpretation of statutes is a process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them. In California, the primacy of legislative intent is established by both statute and case law: In the construction of a statute the intention of the Legislature . B. !It is evident that -a pr.ogramme of law,reform, which must necessarily use the instrument of legislation, depends for its successful realisatS,on..i,on.:the. 2 On the distinction between decision rules and the content of the law, see Berman XXX. There is no finding that the text is ambiguous before looking at other sources to figure out the purpose of the statute. When the judge says that the goal of statutory interpretation is to ascertain what the legislature intended, the judge is acknowledging her constitutional relationship with the legislature. Douglas Payne, LL.B. The courts have repeatedly held that when a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. The latter points to the spirit and reason pervading through the statute. Statutory Interpretation: General Principles and Recent Trends. 21 See, e.g., Jonathan T. Molot, Reexamining Marbury in the Administrative State: A Structural and Institutional ii. Of Legislative History and Intent In Statutory Interpretation As a supplemental lawmaker, the Supreme Court necessarily makes policy when it interprets the meaning of legislation. The process of construing should be literal as well as purposive i.e., one should shift from literal meaning if it leads to absurdity. INTRODUCTION. 2. The most important objective that is achieved by the interpretation of statutes is that it ensures that the court act according to the intent of the legislature. These keys may be termed as aids for interpretation and principles of interpretation. Like any other form of communication, legislation can include words that have more than one meaning, or words . The purpose of the interpretation of the statute Is to unlock the locks put by the Legislature. The intention of Parliament is seen as the key to the interpretation of statutes. The basis of this rule is that whatever the legislature intends while making any provision is expressed through words and interpreted according to grammatical rules. of :.stati&ory interpretation, although The ultimate purpose is to align judicial action with legislative intent, though it is known that it is philosophically problematic. The interpretation is the art of finding the true legislative intent of the maker behind making a particular law but the construction seeks to provide the conclusion or the end . Interpretation should be such as to make the Statute meaningful, effective and workable. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Judges would like the law to say what the purpose is. It means the art of finding out the true sense of enactment by giving the words of the enactment, their natural and ordinary meaning. Thus interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. Judges believe their job is to give effect to legislative intent. The background question is what role, if any, legislative intent should play in statutory interpretation. Judicial interpretation of the meaning of a statute is authoritative in the matter . The court cannot interpret the statute arbitrarily, there are some certain principles that evolved with the continuous exercise by the court. The words of the statute, and not the intent of the draft-ers, are the "law." One way to this end is to attack the use of legislative history. The correct is one that best harmonises the words with the object of the statute. For such unlocking, keys are to be found out. that person is the author of the bill. Meaning of Interpretation of Statutes and the Intention of Legislature - Read online for free. According to Salmond, Interpretation or construction of statutes entails the . . In cases that involve a statute, there is often a need for statutory interpretation. Interpretation of Statutes Intention of Legislature The purpose behind framing any statute is mainly for the public benefit. The Constitutional Court confirmed that the correct approach to statutory interpretation is not to ascertain the intention of the legislature, which approach was developed in a system of legislative supremacy, but rather to undertake an objective, independent interpretation of the legislation to ascertain the purpose of the legislation, which . The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature. See the discussion in R Ekins, The Nature of Legislative Intent (2012). Interpretation should be made in the correct sense as to the intention of the statute makers so that the law is incorporated to those and to the purpose for what the law was made. interpretation given by the courts to the enactments in-which.' the'programme.is,,' " embodied, The .rules. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. ascertaining the intention of the legislature11 and that some weight must be accorded to custom in the interpretation of ambiguous legislation.12 The rule thus originated in the context of legislative supremacy where statutory interpretation was aimed at ascertaining the intention of the legislature. 3.0 Cardinal Rules for Interpretation of taxing Statutes: Time without number judges have referred to the intention of Parliament. Blackstone stated that the fairest and rational method for interpreting a statute is by exploring the intention of the legislature through the most natural and probable signs which are 'either the words, the context, the subject matter, the effects and consequence, or the spirit and the reason of the law. 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