Scepticism about the concept of legislative intent is a powerful strand in the literature, of course. There are problems with the canons of statutory construction: -For every canon, there's an equal and opposite canon. at 610-611. The former connotes an understanding derived from the literal meaning of the words of a statute. The court cannot interpret the statute arbitrarily, there are some certain principles that evolved with the continuous exercise by the court. 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 . If judges are permitted to give an obvious or non-literal [3] The process of construing should be literal as well as purposive i.e., one should shift from literal meaning if it leads to absurdity. 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. • 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 . 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. • Intention of the legislature. Meaning of Interpretation of Statutes and the Intention of Legislature - Read online for free. Id. 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. 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. Like any other form of communication, legislation can include words that have more than one meaning, or words . A statute is a will of legislature conveyed in the form of text. Statutes §190. L.J. 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 The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. 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. A statute is a will of legislature conveyed in the form of text. According to Salmond, Interpretation or construction of statutes entails the . Two Schools of Thought Regarding the Necessity of Ambiguity. 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. The purpose of the interpretation of the statute Is to unlock the locks put by the Legislature. In cases that involve a statute, there is often a need for statutory interpretation. 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. 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. • Statute must be read as a whole in its Context. out the legislative purpose. !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. Meaning of Interpretation of Statutes and the Intention of Legislature - Read online for free. 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. 2. The exercise of the judicial power of the United States often requires that courts construe statutes to apply them in particular cases and controversies. . The Equity of the Statute Rule The key here is the statute's purpose, true reason for being, or the equity of the statute. 606, 610, 859 P.2d 1143 (1993). 4.2 The rules of statutory interpretation . 2 On the distinction between decision rules and the content of the law, see Berman XXX. See the discussion in R Ekins, The Nature of Legislative Intent (2012). In what has been called the most philosophically sophis-ticated work on the subject of legislative intention, Ekins describes the The background question is what role, if any, legislative intent should play in statutory interpretation. by Rabia Jehanzeb Interpretation of statutes has become a significant part of learning the law. The courts have repeatedly held that when a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. To ascertain the correct meaning of the word in a statute. ; 6 The Intention of the Legislature in the Interpretation of Statutes, Current Legal Problems, Volume 9, Issue 1, 1 January 1956, Pages 96- 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: 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. Legislative intent. An empirical 2. 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 . Whenever the interpretation of a legislative enactment becomes an issue in a case, the courts will commonly resort to the Rules . 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. 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. Also, there could be cases where the direct interpretation of words could lead to absurdity. Usually, the interpretation of the statute is done by the judges, it is the primary function of the judge as a judicial head. Statutory Interpretation and Legislative Supremacy, 78 GEO. 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 . As stated by Salmond, "By interpretation or construction is meant, the process by which the courts . To ascertain the correct meaning of the word in a statute. 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. Indeed, the interpretation of statutes is thought to consist in ascertaining the intention of Parliament. The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature. This is the opposite of the mischief rule. This then makes the interpretation of statutes not as simple as one would think. 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. It is generally accepted that the object of statutory interpretation is to arrive at the intention of Parliament or the legislature. The conventional way of interpreting or construing a statute is to seek intention of legislature. Every law shall be construed, if possible, to give effect to all its provisions. 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. Statutory Interpretation 4 2. 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 . 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. 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 Salmond, Interpretation or construction of statutes entails the . The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Interpretation Procedure. 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 court of law finds out the real intention of the legislature in the language used by the legislature in statutes. 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 . The intention of Parliament is seen as the key to the interpretation of statutes. Douglas Payne, LL.B. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. There arises need for the judges to ascertain the correct meaning of the law laid by the legislature. Judges believe their job is to give effect to legislative intent. So far as a judge is concerned, the concept of legislative intent provides the correct constitutional orientation. In explaining and critiquing some of the modern theories, I do not try to reinvent the wheel . The intention of the legislature is essentially constructed of two aspects: the concept of meaning and the concept of purpose and object. 281, 283 (1989) (defining and exploring the concept of legislative supremacy in the field of statutory interpretation). The legislature is presumed to have a certain meaning of the words of any particular statute. 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 . 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. that person is the author of the bill. 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 . 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. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. 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