INTERPRETATION AND CONSTRUCTION OF STATUTES
Here,
Interpretation is one kind of process
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which
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is employed
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by the judiciary
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to determine the meaning
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of the Provision and statutes.
So, Interpretation is the process by which the court seeks to determine the true meaning of the word or expression or phase which is questioned in any provision or statutes before the court and also determine the true intent of the legislature for such provision into the statutes.
→ The interpretation process employed by the judiciary can be done through various tools or principles of statutory interpretation which include seeking help from internal or external aids to interpretation of the statutes and also applying the primary or secondary rules of interpretation which has evolved over a period of time by the court.
Definition of the Interpretation # INTERPRETATION AND CONSTRUCTION OF STATUTES
→According to Salmond,
Interpretation and construction
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is the process
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by which the court
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seek to ascertain the meaning of the legislature
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through
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the medium of authoritative forms
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in which it is expressed.
→According to Blackstone,
The fairest and rational method
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for
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interpreting a statute is
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by exploring the intention of the legislature
CONSTRUCTION OF STATUTES
Construction is the process by which the court or judiciary assign meaning to the ambiguous provision which is beyond the letter of law for the purpose to resolve the inconsistency.
After taking the considering all the factual circumstances by judges they give a particular meaning to the expression or word or phrase in question.
→ Hence, Such meaning could not be directly explained by the statutes and also those meanings must be within the ambit of the objective of statutes.
Both words Construction and Interpretation are used interchangeably but there is a clear line difference between their concept.
→According to Cooley,
“Interpretation is the art of finding out the true sense
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of any form of words
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enabling others to drive from them the same meaning
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which the author intended to convey.
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whereas,
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construction is the process of drawing conclusions,
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respecting subjects that lie beyond the direct expression of the text,
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which are in the spirit
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though not within the letter of law”.
Conclusion
Interpretation is a process of discovering the meaning and intention of the legislature for the provision of the statutes.
∴ In an easy way, Interpretation discloses the true meaning and intention of the legislature. But, construction will undergo to seek to assign meaning or intention to the words used by the legislature.
