What is the purpose of interpretation of statute?
What is the purpose of interpretation of statute?
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.
What are two types of interpretation?
What are the different types of Interpreting?
- Simultaneous interpreting.
- Consecutive Interpreting.
- Whispered Interpreting.
What happens if you do not use statutory interpretation?
On top of that, each word could give us different meanings; for example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case.
Which is the first rule of interpretation of a statute?
It is the first rule of interpretation. According to this rule, the words used in this text are to be given or interpreted in their natural or ordinary meaning. After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences.
When is the meaning of a statute unclear?
The first category arises when the meaning of the ordinary word in a statute is unclear, whether because of ambiguous terms, faulty grammar or any other failing in expression. The second category arises when broad terms such as ‘reasonable care’ are used.
When do you need the rule of interpretation?
Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. When the language of the statute is clear, there is no need for the rules of interpretation. But, in certain cases, more than one meaning may be derived from the same word or sentence.
When do you need Rules of interpretation for a statute?
When the language of the statute is clear, there is no need for the rules of interpretation. But, in certain cases, more than one meaning may be derived from the same word or sentence. It is, therefore, necessary to interpret the statute to find out the real intention of the statute. conveyed expressly or impliedly in the language used.
When is a statute read as a whole?
In this pursuit, the Court follows the principle that a statute be read as a harmonious whole whenever reasonable, with separate parts being interpreted within their broader statutory context. Still, the meaning of statutory language is not always evident.
What was the interpretation of statutes before 1994?
THE INTERPRETATION OF STATUTES BEFORE 1994 Traditionally, the South African rules of statutory interpretation were based on the sovereignty of parliament while a fundamental-rights dispensation is based on a supreme constitution and fundamental values.
What is the mischief rule of statutory interpretation?
The Mischief Rule/Purposive construction A rule of statutory interpretation that attempts to determine the legislator’s intention – to determine the mischief and defect – to give ruling to implement the effective remedy. Mischief Rule was originated in Heydon’s case in 1584.