Why Do We Need To Interpret Statutes?

What is the primary rule of interpretation?

Literal rule of interpretation is the primary rule.

Under this rule of interpretation the Courts interpret the statutes in a literal and ordinary sense.

They interpret the words of the statute in a way that is used commonly by all.

It is incumbent on the court to use the grammatical meaning..

What are the general principles of interpretation?

The correct interpretation is one that best harmonizes the words with the object of the statute. A right construction of the Act can only be attained if its whole scope and object together with an analysis of its wording and the circumstances in which it is enacted are taken into consideration.

What is the meaning of statutes?

A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. … Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

What are the different parts of a statute?

Internal aids mean those materials which are available in the statute itself, though they may not be part of enactment. These internal aids include, long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc.

Why is biblical interpretation necessary?

Its importance is immense since a proper understanding of Scripture is the basis of a sound theology. A trustworthy interpretation of Scripture, therefore, is critical for a proper understanding of the Christian faith. … The study of hermeneutics is an important and relevant subject for every Christian.

What is the golden rule of interpretation?

Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.

What rules do judges use to interpret statutes?

Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.

What is interpretation of statutes in law?

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. … But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge.

Why compiler is faster than interpreter?

A compiled program is faster to run than an interpreted program, but it takes more time to compile and run a program than to just interpret it. A compiler indeed produces faster programs. It happens fundamentally because it must analyze each statement just once, while an interpreter must analyze it each time.

What is the importance of statute?

Statute law or Legislation is an important source of law in South Africa. They are the written laws as set out by the parliament and provincial legislatures (competent authorities) and form the basis on which the law of South Africa is founded.

What is the rule of interpretation?

Grammatical or Literal Rule of Interpretation According to this rule, the courts should acknowledge the words in a provision of a statute, if they are clear and unambiguous and effect should be given, whatever may be the consequences.

What are the three rules of interpretation?

There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach. Each rule will be looked at individually with case examples.

What are the basic principles of interpretation of statutes?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be …

What are the 4 rules of statutory interpretation?

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.

Why does a statute require interpretation?

A statute is not to be read as one would another document. Rather, a statute is read according to its own rules. … 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.

Why do we need interpretation?

Interpretation is essential for the simple reason that the usefulness and utility of research findings lie in proper interpretation. … Researcher can better appreciate only through interpretation why his findings are what they are and can make others to understand the real significance of his research findings.

What is the purpose of statutory interpretation?

Statutory interpretation (SI) is the approach that the judges have developed over time, to find the exact meaning of words or phrases in legislation (including delegated legislation and EU law) — in order to fulfill their role.