Preview

Interpretation of Statutes

Powerful Essays
Open Document
Open Document
3667 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Interpretation of Statutes
INTERPRETATION OF STATUTES
INTRODUCTION
It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law.
Moving further, to understand everything about interpretation which has been gradually evolved in modern context from ancient Indian rules with the help of follows up of different rules/doctrines in different situations which has arisen for different statutes. In light of this evolution, the utmost important aspect to understand for us is the meaning of term ‘statute, the very first term on which emphasis of the whole submission lies.
The word ‘Statute’ generally is defined as the written will of the legislature solemnly expressed according to the forms necessary to constitute it the law of the State. Normally, the term denotes personification of authoritative blueprint and words used in the same constitute part of law. These blueprints are chief source of law which is known as legislation. The other sources are precedents and customs. Each of these sources finds its expression in a language or words used by authorities. Many times the use of language in the legislation even does not carry the clear cut meaning in dictionaries. It contains many alternative meanings applicable in different contexts and for different purposes so that no clear field for the application of a word becomes identified. In such a situation, importance of interpretation comes into picture. For proper and healthy application of law, it is important to have uniform expansion of language or words used by the authorities/law-makers. In a case, if one judge takes the narrow view and the other the broad one, the law will connote different things for different persons and soon there will be race for window shopping for justice. Moreover, we always need to keep in mind that

You May Also Find These Documents Helpful

  • Good Essays

    Unit 23 - Law - P7

    • 964 Words
    • 4 Pages

    A statute is a written law passed by a legislature on the state or federal level. Statutes set general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set governmental mechanisms to aid society.…

    • 964 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The role of courts and parliaments in law reform is to change laws that have been either requested to ‘modernize’ or have been dated since the law was first established. Courts usually change or modify laws that get brought up in court cases or by individuals. The procedure that needs to be followed in firstly the house of reps and then to the senate to become a new law.…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The judiciary is the body that interprets and applies the law in the name of the state, they operate under the separation of powers, they do not make laws nor enforce laws but rather they interpret the law and help in its application.…

    • 911 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    (ii) The legislature branch’s main function is to make laws. The Judiciary most important function is to interpret these laws and…

    • 1338 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    5. Does the case law that interprets or discusses the text of the statute? (The case annotations by the annotated statutes, sherardize relevant section of the statute, research Westlaw or nexis lexis)…

    • 793 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    As you have studied, lawmaking can be a long and difficult process. There are many different…

    • 561 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    Business Law Legt1710

    • 25471 Words
    • 102 Pages

    1. Enacted (Statute) Law: law that is made by parliament. It can be changed by parliament but is interpreted by judges. In the case of a conflict between statue and common law, statue law prevails under the Doctrine of Parliamentary Supremacy as it has the ultimate law making power. The parliament can authorize other bodies to make laws called delegated legislation. Delegated legislation is often made without public or parliament debate. To safeguard delegated legislation, it can be reviewed by courts and is still controlled by the parliament…

    • 25471 Words
    • 102 Pages
    Powerful Essays
  • Good Essays

    Statutory Law Answers

    • 361 Words
    • 2 Pages

    Statutory law comes into existence when a legislature passes a statute. This statute is then included in the federal code of laws or the relevant state code of laws. Common laws are the rules of law announced in court decisions. These rules include interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. If there is a conflict, common law or previously decided cases will take precedence.…

    • 361 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Legislations are the driving force to promote national profile and to improve economic prosperity. An advanced law system can maintain social orders and alter citizen’s behaviors. Personally, I hold the view that the legitimate principles have both advantages and adversities, while the merits surpass the downside in the most of the cases.…

    • 286 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations:…

    • 900 Words
    • 4 Pages
    Good Essays
  • Good Essays

    I will describe how precedents are applied in court and explain the rules of statutory interpretation.…

    • 1148 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The purpose of law is to protect the health of the public and to provide welfares such as fundamental rights and basic liberties and social assistance. The motives of carrying out such duties is the basis of many democratic countries which provide their citizens with the necessary means for living on the belief that providing these services are for the betterment of society and its people’s well-being. One legal theory that exemplify how our government are structured is explained by deontology which is an ethic by which focuses on actions which are guided by moral obligations, while consequentialist ethic have based itself on the principle of, if the goal is morally correct then any means to achieving it are acceptable. In an essence both…

    • 1880 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The need of having just, effective and acceptable laws that govern the society has led to the thinking of having a body which makes those laws, the obvious choice has been the creation a body consisting of elected representatives that is parliament, but this does not mean its always perfect in performing the mandate .There are several shortcomings in the making ,interpreting and execution stages . Laws made in parliament require further interpretation by other arms of government of which this is room of bias in interpreting especially by the executive, also the said arms of government may fail to recognize to of recognize the actual intention of the law makers .Moreover . The group that consist of issues concerning them. Parliament may lack enough time pass all laws required which may to its failure to meet its purpose effectively, also this is corrected delegated legislation , the thinking public participation is watered down , the notion behind having parliament as the law making body .laws made in parliament comes at many a times as a result of pressure groups which only advance their interests ,the tendency to believe that what is good for a certain group is good for the majority this is not so as laws which employers would prefer maybe detrimental to employees interests and vice versa .However, there is some hypothetical nature in laws made by parliament that is the are likely going in testing rather than full implementation like in comparison to the judges which are more practical to the facts of the case. They also involve many other players which have different interest which are not beneficial to the public like party politics and ideological differences .The legislative process then is so far from being one in which interests common are protected or promoted we have seen…

    • 567 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Kiernan demonstrates one of the common approaches that can be taken when acts or statutes are being interpreted in this jurisdiction, namely the literal rule.The literal rule is a means of interpreting legislation whereby the wording or ordinary meaning of the legislation is paramount. Furthermore, this case is important for practioners of the law as it shows how even a minor technicality such as a minor mistake in the wording of legislation can…

    • 852 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The researcher gives emphasis on substantive law rules, doctrines, concepts and judicial pronouncements. He organizes his study around legal propositions and judicial pronouncements on the legal propositions of the Courts, and other conventional legal materials, such as parliamentary debates, revealing the legislative intent, policy and history of the rule or doctrine.…

    • 1414 Words
    • 5 Pages
    Powerful Essays

Related Topics