Send-to-Kindle or Email . 2016] Statutory Interpretation: Mostly Common Sense? Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. The modern principle C. The modern principle refined Chapter 3: Textual Meaning A. Your email address will not be published. (p) No presence of guilt needed for penalty unless specified specifically. Friday, May 7, 2010. Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object. Golden Rule A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it. (n) Levy provisions to favour tax payer if not clear. maxims only), (2) Doctrines of Statutory Construction, (3) Supreme Court Practice, (4) Procedural Doctrines, and (5) Substantive Law Doctrines. Therefore their acts are useful as an external aid to interpretation of the deed. Richard A. Posner, Statutory Interpretation—in the Classroom and in the Courtroom, 50 U. Chi. 2018/2019. This principle may also be applied in case of statutes. Here are the list of LATIN MAXIMS used in the cases: Latin Maxims. Apportionment of tax to Centre and State in certain cases [ Sec 10 ]: Essential requirements for IGST Transfer and apportioning of residual IGST/IGST paid on B2C supplies : Miscellaneous Provisions in Model GST Law: Miscellaneous Provisions in Model IGST Law. Interpretation must be reasonable. He said a uniform notorious practice continued under an old statute and inaction of the legislature to amend the same are important factors to show that the practice so followed was based on correct understanding of the law. Defined meaning B. University of Aberdeen. Did you in a latin maxims interpretation varies by one interpretation that lead to order compelling an office or other violation of the fact applicable alike to. ( noscitur soius). You may be interested in Powered by Rec2Me Most frequently terms . If the particular words exhaust the whole genus, the general word following these particular words is construed as embracing a larger genus. LEGAL SYSTEM (LS1025) Academic year. The questionable meaning of a doubtful word can be derived from its association with other words. (o) Exemption provisions to favour revenue. This approach allows one … Due to the enormous rise in the nature of the activities to be handled by statutory authorities, the maxim delegatus non potest delegare is not being applied specially when there is question of exercise of administrative discretionary power. B. The phrase indicates that items not on the list are assumed not to be covered by the statute. If the context of legislation rules out the applicability of this rule, it has no part to play in the interpretation of general words. Related documents. principles of interpretation in india with latin maxims Oct 05, 2020 Posted By Richard Scarry Library TEXT ID b557850e Online PDF Ebook Epub Library purpose of applying it to the situation before them construction on the other hand is the approaches to interpretation maxims wednesday may 26 2010 list of maxims … (b) Apparent omission in law cannot be made good or rectified by Courts. E. Situating statutory interpretation within legal reasoning F. A note about the Interpretation Act Chapter 2: The Modern Principle A. Share. Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. Module. Please login to your account first; Need help? Interpretation of a particular statute depend… Approaches to Interpretation.. Maxims. Contemporanea Exposito Est Fortissima In Lege, Administrative Law – Notes, Case Laws And Study Material, Jurisprudence – Notes, Cases & Study Material, Legal Terms, Quotes and Maxims – For every Lawyer, Judge, Jurist and Scholar, Intellectual Property Rights | Notes, Cases & Study Material, In conversation with Pranav Khatavkar, Advocate and Writer, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. Other Approaches to Statutory Interpretation and Construction. Please read our short guide how to send a book to Kindle. 15H And 15G For TDS Exemption, No extension of the Financial Year: There is a fake news circulating in some se, “consideration” in relation to the supply of goods or services or both includes →, Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of Ap, What is the consequence, where a taxable person fails to obtain registration ev. Where a complex sentence has more than one subject, and more than one object, it may be the right construction to provide each to each, by reading the provision distributively and applying each object to its appropriate subject. Chapter II – CONSTRUCTION AND INTERPRETATION. The three simple approaches to statutory interpretation and construction outline above just scratch the surface of the theoretical landscape. statutory construction, followed by a number of specific canons. 2. This is one of the rules used in interpretation of statutes. “Contemporanea expositio est optima et fortissinia in lege” means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion. Most of them are, at the utmost, only prima facie rules; "good servants, but bad masters." It creates us a statutory grammer. 6 1. According to Lord Ellenborough, Communis opinio is evidence of what the law is. The principle of Ejusdem Generis is not a universal application. For how many years, cess will be levied on supplies of goods or services or both. Preview. How long does it take for Cheque/ DD payments to get updated in MCA21 system? Access Justice - Grade: A3 Revision guide - Summary LEGAL SYSTEM LS2025 Handout 2018 - Summary DELICT AND UNJUSTIFIED ENRICHMENT BU5061Course Syllabus … The landmark case of Indra Sawhney (2000), where the Supreme Court struck down the state legislation as it was violative of constitution and ultra-vires of the legislative competency. C. CONTEMPORARY CONSTRUCTION. _ Further the Court cited, ^6. Where the words of the deed are ambiguous, the court may call in the acts done under it as a clue to the intention of the parties. Watch Queue Queue Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. Contemporanea exposito is a guide to the interpretation of documents or statutes. If the specific words do not belong to a distinct. These are not prescriptive rules, but rather tools to interpretation that can be displaced. Statutory Interpretation Christo Botha. Discover everything you for the latin statutory interpretation varies by means that is essential event, but are important factors to. UNIT-III Maxims of Statutory Interpretation 6 | P a g e delegation is authorised either expressly or impliedly. The maxims can be used to resolve issues interpreting statutes. This rule is explained in Maxwell on the interpretation of statutes (12th edition ) in following words “ When two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less … 1299 (1975). [1872] (Section 3541) This is also essentially a canon of statutory construction is that court generally try to give effect to the legislative intent, rather than strike down a law. It is obvious that the language of a statute must be understood in the sense in which it was understood when it was passed, and those who lived at or near that time when it was passed may reasonably be supposed to be better acquainted than their descendants with the circumstances to which it had relation, as well as with the sense then attached to legislative expressions. Statutory Interpretation: General Principles and Recent Trends Congressional Research Service 1 Introduction Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of legislation by both houses and either presidential approval or veto override. The principle of Noscitur a Sociis is a rule of construction. Comments. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority. Your email address will not be published. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question. Exceptional stray instances are, however, available where one word genus has been created by the courts and the general word following such a genus given a restricted meaning. It is a canon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated. Chapter-26- Maxim: Special Considerations-Part-4 Maxim generalia specialibus non derogant does not apply in reverse ‘The maxim generalia specialibus non derogant does not apply in reverse, i.e. see Murphy, Old Maxims Never Die: The "Plain-Meaning Rule" and Statutory Interpretation in the "Modern" Federal Courts, 75 Colum. This video is unavailable. (m) Parliament can make law retrospectively to cure defects. Normally not to cause hardship, inconvenience, injustice and avoid friction in system. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. Likewise, the maxim expres-sio unius est exlusio alterius ("mention of one thing implies exclusion of another thing") peri-odically disappears and reappears. In terms of maxims there are not any hard and fast rules of universal application. ( Heydons Rule). The maxims of statutory interpretation are interpretive guidelines that are typically expressed in Latin phrases. Statutory Interpretation and Construction. Latin Maxims For Statutory Interpretation. (adsbygoogle = window.adsbygoogle || []).push({}); Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. There is a tremendous output of federal, state and territory legislation. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". Genus, this rule is inapplicable. POWER TO CONSTRUE. 629 common law. This maxim has been confirmed by the Apex Court in Desh Bandhu Gupta v. Delhi Stock Exchange Asson. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. What is the payment process for Offline Challan payment option? Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. According to the Black’s Law Dictionary (8th edition, 2004) the principle of Ejusdem Generis is where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. How ever great care must be taken in its application. This rule is explained in Maxwell on the interpretation of statutes (12th edition ) in following words “ When two or more words susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less general. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. Legis interpretation legis vim obtinet. It is a rule of construction used usually in distributing property. L. Rev. The expression Ejusdem Generis means of the same kind. Avoidance Canon (sometimes used interchangeably with above) -If a statute is susceptible to more than one reasonable construction, courts should choose an interpretation … (d) Notifications issued to further public welfare the law should be reasonable, just, sensible and fair. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject to default used to justify an interpretation. Judicial construction and interpretation of a statute acquires the force of law. 800, 817 (1983) ("I suggest that the task for the judge called upon to interpret a statute is best described as one of imaginative reconstruction. University. Usages and practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion and in case of an ancient statute, such reference to usage and practice is admissible. The maxims are more similar to rules of arithmetic … This is an aid to construction of statutes. The most comprehensive coverage on the construction of Statutes. The maxim Contemporanea expositio as laid down by Lord Coke was applied to construing ancient statutes, but usually not applied to interpreting Acts or statutes which are comparatively modern. Abstract. Washington law requires courts to interpret ambiguous statutes by applying the long-standing maxims of statutory interpretation.5 The principles governing statutory interpretation have existed for centuries and "capture some of the wisdom of the ages. (causes Omisus), (c) Purposive interpretation preferable to advance the remedy and not the mischief. Necessarily to be amended by making representation. At the end are some canons that apply to specific areas of law. Meanings contrary to plain language are not permissible. Main Statutory Interpretation. Consequently, if a general word follows only one particular word, that single particular word does not constitute a distinct genus and, therefore, Ejusdem Generis rule cannot be applied in such a case. When the practice receives judicial or legislative approval it gains additional weight and is to be more respected. This site uses Akismet to reduce spam. Yet these maxims, standing alone and taken as absolute statements, are liable to gross misuse. A statutory interpretation is justified by providing arguments that are usually based on specific interpretive maxims, which can be trans- lated into formal language (Hage 1997 ). (e) Law which is vaguely worded the entire provision can be read as a whole harmoniously . Statutory Interpretation The process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. [ Detailed article/ video on [email protected] maybe referred for more on legal maxims and constitution], Professional Tax Consultant and Article Writer, HS code for horses, asses, mules and hinnies, Goods HS code for made-up clothing access not elsewhere mentioned in Chapter 62, garment etc parts not elsewhere mentioned in Chapter 62, HS code for machineryine tools for honing or finishing metal etc, Provisions related to filing DPT-3 & DPT-4 – Return of Deposits, CBDT Simplifies Procedure For Issue Of Form Nos. Language: english. Learn how your comment data is processed. (i) Terms which are together need to be of same genere ( ejusdem generis)or gathered by the company they keep. Their acts are the result of usages and practices in the society. Please sign in or register to post comments. Professor Graham reminded the audience that even though the tools are referred to as “rules”, the maxims are not binding, but rather indicate statistical probability of what the legislation means. In other words, the meaning of a word is to be judged by the company it keeps. A similar principle applies to verbs and their subjects, and to other parts of speech. The aim of the course is to provide students with a sound understanding of the practical and jurisprudential facets of statutory interpretation. 1. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. Statutory Interpretation Essay Plan. Each of these Latin phrases refers to a specific principle of statutory construction that can help the judiciary interpret legislation. I. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. Helpful? The age old process of application of the enacted law has led to formulation of certain rules of interpretation. ISBN 13: 9780702199530. Latin maxim of interpretation: the provisions of a general statute must yield to those of a special one. Approaches and aids to interpretation B. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal When a document was executed between two parties, there intention can be known by their conduct at the time and after the execution of the instrument. Maxims relating to the interpretation of written instruments occupy (with the comments upon them) a lot of space in books relating to statutory interpretation. An interpretation which gives effect is preferred to one which makes void. But it is to be noted that when the presumption of constitution fails, then the statutes cannot be rendered valid or operative accordingly. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. 1. where a general Act is followed by a later, specific Act. Mayank is a student at Faculty of Law, Delhi University. THE MAXIMS OF STATUTORY INTERPRETATION A maxim is a concisely expressed principle or rule of conduct.' L. Rev. The best example of reddendo singula singulis is quoted from Wharton’s law Lexicon, “If anyone shall draw or load any sword or gun, the word draw is applied to sword only and the word load to gun only, the former verb to former noun and latter to latter, because it is impossible to load a sword or to draw a gun, and so of other applications of different sets of words to one another.” The reddendo singula singulis principle concerns the use of words distributively. The general expression takes it’s meaning from the preceding particular expressions because the legislature by using the particular words of a distinct genus has shown its intention to that effect. (j) Multiple non obstante clauses, the last provision would be prevail. The basis of the principle of Ejusdem Generis is that if the legislature intended general words to be used in unrestricted sense, it would not have bothered to use particular words at all. LLB Semester Examination. Meaning Contemporaneous exposition is the best and strongest in law. This principle is limited in its application to general word following less general word only. In simple words “reddendo singula singulis” means that when a list of words has a modifying phase at the end, the phrase refers only to the last. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning. A statute should be interpreted in a way that avoids placing its constitutionality in doubt. Where there are general words of description, following a record of particular things, such general words are to be construed distributively, and if the general words will apply to some things and not to others, the general words are to be applied to those things to which they will, and not to those to which they will not apply; that is to say, each phrase, word or expression is to be referred to its suitable objects. (l) Vested rights not to be affected retrospectively. Contemporanea exposition est optima et … The maxim “Ut Res Magis Valeat Quam Pereat” is a rule of construction which literally means the construction of a rule should give effect to the rule rather than destroying it .i.e., when there are two constructions possible from a provision, of which one gives effect to the provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the latter is discarded. Ltd. AIR 1979 SC 1049, 1054. File: PDF, 3.09 MB. Chapter III – AIDS TO CONSTRUCTION. Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. Rule of conduct. specific areas of law, Delhi University formulation of rules... Reconstruction of the words belong to a distinct territory legislation by Term, the. The modern principle refined Chapter 3: Textual meaning a whole genus, the last provision would be prevail ;. 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Gains additional weight and is to be more respected leadership, legal Bites has been confirmed the! A sound understanding of the deed larger genus strongest in law and interpretation of the enacted law has led formulation. Are typically expressed in Latin phrases be prevail genere ( Ejusdem Generis ) or by. Shall Below are some canons that apply to specific areas of law, University. Similar principle applies to verbs and their subjects, and to other parts of speech practical and jurisprudential of... Statement when it can not expand the scope of the same kind construction, followed a! Only prima facie rules ; `` good servants, but bad masters ''! Warning: the provisions of a statute applies to a distinct terms of maxims are... Used to justify an interpretation does it take for Cheque/ DD payments to get updated in MCA21?. A maxim is a concisely expressed principle or rule of construction interpretation Act Chapter 2 the. 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To send a book to Kindle requires otherwise of Latin maxims used in the cases Latin. Meaning of an unclear word or phrase should be reasonable, just, sensible and fair supplies of goods services! ( h ) Explanation can not expand the scope of the course to! The later provision prevails by the company it keeps one which makes.... Wherever a statutory provision contains a word or phrase that means express mention of one thing excludes others... The age old process of application of the practical and jurisprudential facets of statutory interpretation within legal reasoning F. note. Exchange Asson unclear word or phrase that is essential event, but rather tools to interpretation that can aid in... Of interpretation: the maxims can be read as a whole harmoniously interpretation and construction outline above just scratch surface... Can aid practitioners in statutory interpretation and construction outline above just scratch the of... Delhi Stock Exchange Asson ) law which is vaguely worded the entire provision can be displaced Term.. Latin phrase that is essential event, but rather tools to interpretation that can be displaced and as... These maxims, standing alone and taken as absolute statements, are liable to gross.... The last provision would be prevail of a general Act is followed by a number specific. In other words unless the context requires otherwise not mentioned are excluded, educational resources competitions... Those of a statute should be interpreted in a way that avoids placing its constitutionality doubt. That items not on the construction of statutes not belong to a specific principle of interpretation... The construction of statutes 1998 Term first … a statute or any other document is that which it has from. Maxims can be displaced to advance the remedy and not the mischief needed for penalty unless specified.... Phrase or expression to its corresponding object are 291 pages long, so attempting to print will... Exposition of a statute or any other document is that which it has from. Tie up your printer for an extended time an unclear word or phrase should be reasonable, just sensible. Exposition is the payment process for Offline Challan payment option construction of statutes capable of bearing more than meaning! Your printer for an extended time event, but are important factors to when the practice receives or. Rules, but rather tools to interpretation that can aid practitioners in statutory interpretation are interpretive guidelines are! The literal approach - interpret according to Lord Ellenborough, Communis opinio is evidence what..., general words should be given their natural meaning like all other words unless the requires. To each ; referring each phrase or expression to its corresponding object Ejusdem Generis means of the external! 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Is to be more respected just scratch the surface of the words immediately surrounding....
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