Michael kirby ac cmg the main task of modern lawyers although we still describe ours as a common law system to distinguish it from the countries of the civil law tradition, the label is. Interpretation court of summary jurisdiction means a any justice or justices of the peace to whom jurisdiction is given by any act for the time being in force, or any resident magistrate sitting either alone or with other justices in a court of petty sessions. Maxwell on the interpretation of statutes langan, p. But the topic of this chapter is statutory interpretation in general, including in australia and new zealand as well as in britain, and not in cases to which the human rights act 1998 uk applies. Pdf interpretation of statutes download read online free. A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. In order to set up a list of libraries that you have access to, you must first login or sign up. Need for interpretation in his the lawmaking process, michael zander gives three reasons why statutory interpretation is necessary. Interpretation of statutes download ebook pdf, epub. To avoid it interpretation is necessary so that true. 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. On the interpretation of statutes by peter benson maxwell.
The words take their colour from and are quantified by each other, the meaning of the general words. Interpretation of statutes and principles of legislation. A basic derivation of the four maxwell equations which underpin electricity and magnetism. Interpretation of statutes and principles of legislation book pdf. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Parliamentary sovereignty and statutory interpretation. The nature and justification of the ultra vires doctrine in administrative law, the protection of common law principles by presumptions of legislative intention, the judicial response to statutes in cases such as anisminic and factortame, all raise questions about the relationship between statutory interpretation and parliamentary. The paper is a critique of the golden rule of interpretation along with relevant case laws. But if it should happen to be too palpable in its direction to admit of but one construction, there is no doubt in the english law, as to the binding efficacy of the statute. Interpretation is the method by which the true sense or the meaning of the word is understood. Interpretation is the process of discovering the true meaning of the language used in a statute. Interpretation is necessary when case involves suble or ambiguous aspects of a statute.
Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. But the general scheme of the work remains the same, and so with a few exceptions e. Search for library items search for lists search for contacts search for a library. It is said that it seems wrong to parcel the constitution as if it were a finance act. Ours is a premier law publications dedicated to the service of the student fraternity for we have been over the years, dealing exclusively in the publication of law books for students. An example of the contribution of the rules of interpretation of statutes appears from the following statement by the learned authors in the law of south africa1 where it is stated. Maxwell is the name who has greater position in the scope of interpretation of statutes. The object of interpretation of statutes is to determine the intention of. Click download or read online button to get interpretation of statutes book now.
Mimansa and its uses in the interpretation of statutes. Where they are possible of giving one and only one meaning there is no problem. The maxim a verbis legis non est recedendum means that you must not vary the words of the statute while interpreting it. The proper construction of a statute is a question of law. Interpretation thus is a familiar process of considerable significance. Maxwell on the interpretation of statutes national. It has been written in anticipation of south africa acquiring a justiciable and entrenched bill of rights, which will undoubtedly influence the interpretation of all legislation. Statutory interpretation lecture notes law teacher. This work provides a comprehensive guide to the interpretation of statutes in south african law. Maxwell on interpretation of statutes under the head ut res magis valeat quam pereaf states thatif the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the. Page 236 they will not readily presume, out of respect and duty to the lawgiver, that any very unjust or absurd consequence was within the contemplation of the law.
The process of statute making and the process of interpretation of statutes are two distinct activities. In this course of time, the discussion of the other prevalent important rules of interpretation that existed prior to maxwell are left apart and are hardly used in the present time. On the other hand penal and taxing statutes and statutes excluding courts jurisdiction should be strictly. Maxwell s equations are composed of four equations with each one describes one phenomenon respectively. On the interpretation of statutes maxwell, peter benson. Interpretation of statutes and principles of legislation book. The blend of ideas of numerous drafters and other legal and technical terminology might result in incoherence, ambiguous and vague language.
But in many cases, there is some ambiguity or vagueness in. But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted out. Interpretation is essential to do away with the complexity of statutes. Buy maxwell on the interpretation of statutes book online at best prices in india on. Legal treatises, 18001926 includes over 20,000 analytical, theoretical and practical works on. Maxwell didnt invent all these equations, but rather he combined the four equations made by gauss also coulomb, faraday, and ampere. Sometimes the words of a statute have a plain and a straightforward meaning. Interpreting statutes was cited 4 times by the high court in momcilovic v the queen 2011 hca 34 8 september 2011interpreting statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. Buy maxwell on the interpretation of statutes book online. The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. Complexity of statutes in regards to the nature of the subject, numerous draftsmen and the blend of legal and technical language can result in incoherence, vague and ambiguous language. Buy maxwell on the interpretation of statutes book online at. Find maxwell on the interpretation of statutes 12th ed, by p.
Discuss the rules of statutary interpretation with the. Legal treatises, 18001926 includes over 20,000 analytical, theoretical and practical works on american and british law. Langan, 9780421127104, available at book depository with free delivery worldwide. On the interpretation of statutes ebook by peter benson. Factors which have influenced the shift in the mode of statutory interpretation are. Jurisprudence notes maxwell on the interpretation of statutes or statutory interpretation. This article talks about the nine rules of the interpretation of statutes as given by maxwell. Recent trends in interpretation raghuveer singh meena1 abstract statutory interpretation can be defined as a method of understanding and enforcing statutory laws, where judges try to determine the true purpose of parliament at the time of passing the law. Srivastava, judge, delhi high court at new delhi words spoken or written are the means of communication.
Basic objective for the interpretation of statute has been given a follows. Mar 15, 2019 maxwell on the interpretation of statutes by langan, p. Maxwell on the interpretation of statutes by langan, p. Jurisprudence notes maxwell on the interpretation of. Acropdf a quality pdf writer and pdf converter to create pdf. Jun 08, 2015 as all the statutes are drawn up in form of language, therefore, these problems are inherent in statutes as well, which will give rise to uncertainty and inexactness, hence, there will always be a need of interpreting statutes so that their correct meanings may be ascertained as was intended by the legislature. The meaning of an ordinary word of the english language is not a question of law. Welfare, social and beneficial statutes are not to be construed strictly. Maxwell on the interpretation of statutes national library. Page 209 where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the. Maxwell and special relativity princeton university. A plain explanation of maxwells equations fosco connect. Chapter 1 introdution to interpretation of statutes.
Dec 17, 2014 the paper is a critique of the golden rule of interpretation along with relevant case laws. Statutory interpretation is the process of interpreting and applying legislation to decide cases. Interpretation of statutes download ebook pdf, epub, tuebl. This site is like a library, use search box in the widget to get ebook that you want. Maxwell on the interpretation of statutes twelfth edition at p 169 while from law 554 at amity university. Jul 03, 2019 interpretation of statutes and principles of legislation book pdf.
Langan, isbn 9788180380198, published by lexisnexis butterworths wadhwa nagpur india from. Interpretation of statutes is a craft rather than a science. One of the reasons for the dismal state of statutory. Statutory interpretation juridical understanding of legislation statutory interpretation deals with the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas non statutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by case laws relating to the interpretation of statutes. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. Statutory interpretation is the process by which courts interpret and apply legislation. On the interpretation of statutes sir peter benson maxwell. Maxwell on the interpretation of statutes twelfth edition. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. May 21, 2014 maxwell is the name who has greater position in the scope of interpretation of statutes. Interpretation of statutes, or perhaps more precisely, the juridical understanding of legislation, deals with the body of rules and principles used to construct the correct meaning of legislative provisions to be applied in practical situations. Important maxims related to interpretation of statutes.
An evaluation of the rules of statutory interpretation. Some of these rules are frequently referred to by the courts as canons of construction. Interpretation is only limited to explore the written text or to discern the meanings of the words through dictionaries and other sources. Some amount of interpretation is often necessary when a case involves a statute. It is the safest rule of interpretation of statutes because the intention of the legislature is deduced from the words and the language used.
777 58 1416 557 192 176 596 1551 987 1169 1179 1585 376 685 985 609 857 1372 645 1211 1600 132 1074 529 848 1461 300 1209 311 648 943 892 1032 690 638 823 972 1443 872