The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. Over time, various methods of statutory interpretation and construction have fallen in and out of favor. Introduction to financial accounting pdf free download 8th edition text book. Interpretation thus is a familiar process of considerable significance. Interpretation of statutes and principles of legislation book pdf. This is a compilation of notes and lectures on the subject titled. Anurag deep, interpretation of statutes xl viii asil 551 601 2012. These notes cover the topics of basic principles of interpretation which includes 1. The term enactment has been defined in subsection 17 of section3 definition clause of the general clauses act london, 1897. The paragraph of this case cited in this work is from pdf of the judgement. Some may be plain and have a straightforward meaning and some may be ambiguous and vague. Statutes can be classified by object, by method, by reference to duration 1 classification by object a declaratory statutes declaratory statute may be defined as an act to remove doubts existing as to the common law, or the meaning or effect of any statute such acts are held to be retrospective.
Bachelor of legislative law is an undergraduate program that deals with various laws including labour law, criminal law, human rights law, criminal law, etc. 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. This site is like a library, use search box in the widget to get ebook that you want. Factors which have influenced the shift in the mode of statutory interpretation are. Interpretation of statutes summary lectures 1 15 studocu. Preamble, definition, sections, heading, marginal notes, punctuation, illustrations. Llb 100 statutory interpretation scaffold practical. Statutory interpretation part 1 law llb lecture notes. There are two options to pursue an undergraduate law degree. The mischief rule was the product of a time when statutes were a minor source of law by comparison with the common law, when drafting was by no means as. 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.
Statute includes ordinance, order, bye laws, rules, regulations and notifications. Explain and illustrate any two of the following rules of interpretation. Enabling statutes are statutes which enlarges the common law where it is too strict or narrow. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. 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. Interpretation of statutes download ebook pdf, epub. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. The maxim a verbis legis non est recedendum means that you must not vary the words of the statute while interpreting it. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. 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 in many cases, there is some ambiguity or vagueness in. Interpretation of statutes pdf notes, ebook for law llb students. The process of statute making and the process of interpretation of statutes are two distinct activities. Interpretation of statutes llb study khazana youtube. Welfare, social and beneficial statutes are not to be construed strictly. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Explain presumption in favour of constitutionality of a statute. Spread the loveyou can grab notes for other law subjects from here. Statutory interpretation notes, summaries and exams studocu.
It is a readytouse gist for law students and the primary. Interpretation of statutes pdf notes, ebook for law llb. View notes interpretation of statutes notes llb 410. Rules of interpretation of tax statutes p a g e 6 49 introduction 1. This video lecture aims at explaining interpretation of statutes for llb by study khazana. One is 3 years course whose eligibility is graduation and the other is integrated which is. The interpretation act 1978 provides some terms to be used. Traditional law course is for 3 years and follows a semester system. Expressio unius est exclusio alterius interpretation of. Discuss the rules of statutary interpretation with the. However, in many an acts, definition clause is inserted to mean a word or expression. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. Some amount of interpretation is often necessary when a case involves a statute.
Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. This is a compilation of notes and lectures on the subject titled interpretation of statutes. Law llb notes is intended merely as an informational and educational resource and is not intended to offer legal advice, nor does it offer legal advice. Spread the loveyou can grab notes for other topics from here. Also, expiry of statutes, external aids, general principles affecting jurisdiction of the court, internal aids, penal. Types of statute law of interpretation of statutes srd. Statutory interpretation part 2 law llb lecture notes. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Object oriented approach or purposive construction, 5. When judges are interpreting statutes their aim is to give meaning to a disputed point of legislation as to show what parliament appears to have intended called interpretation. Interpretation of statutes and principles of legislation book pdf for l. The parliament has given the courts some source of guidance as to the interpretation of statutes the interpretation act 1978.
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. Concept keypoints definition also known as the juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the. 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. Llb bachelor of laws course is an undergraduate course offered by many law colleges and universities in india. It is a statute which makes it lawful to do something which would not otherwise be lawful. Ios2601 notes to be printed autosaved ios2601 november 2005. The object of interpretation of statutes is to determine the intention of. I have shared brief and tothe point notes that will help you revise this subject in quick time. Interpretation of statutes and principles of legislation. Explain the importance of the words may and shall in interpretation of statutes.
Past question papers of interpretation of statutes one. 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 basic knowledge llb notes. An act restraining a common law right is a disabling act. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Meaning and classification of statutes interpretation of. Statutory interpretation is the process by which courts interpret and apply legislation. Students who complete this module will be able to formulate legal arguments. Some of the important rules of statutary interpretation are. It is extremely important and infact necessary also that the courts interpret the law in such a manner that. 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.
This maxim is given to gauge the intent of the legislature. And then, there has been criticism made as to the utility of definition clause or the interpretation clause. B vi term paper6041 interpretation of statues author. The exchange of information, by electronic mail or otherwise, relating in any way to law llb notes is not intended to create an attorneyclient relationship, nor does it create an attorney. Singh interpretation of statutes eastern book company. The first and most elementary rule of construction is that it is to be assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, and otherwise in their continue reading interpretation of statutes law school notes. 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. English legal system statutory interpretation part 1 the parliament makes legislation but the courts are left to interpret and apply it. Discuss the recent judicial trend in the interpretation of penal statutes. Bring out clearly the distinction between penal and remedial statutes and the rules of interpretation applicable to them.
Important questions of interpretation of statutes the. No enactment has been enacted by the legislature for interpretation of statues including on tax laws. The interpretation of statutes is one of the most important subject usually taught in law. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Foundations of law a llb 100 university of wollongong. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Learn the interpretation of statutes from our website.
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