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Sunday, November 29, 2020 | History

2 edition of High court on the interpretation of statutes found in the catalog.

High court on the interpretation of statutes

Thomas Macleod

High court on the interpretation of statutes

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  • 31 Currently reading

Published by Law book company of Australia in Sydney, Australia .
Written in English

    Subjects:
  • Law -- Interpretation and construction,
  • Australia -- Law reports, digests, [etc.]

  • Edition Notes

    Statementby Thomas Macleod ...
    ContributionsAustralia. High Court
    The Physical Object
    Paginationxxviii, 270 p.
    Number of Pages270
    ID Numbers
    Open LibraryOL15462063M

    Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence.   The paper is a critique of the golden rule of interpretation along with relevant case laws. INTRODUCTION. Interpretation is the method by which the true sense or the meaning of the word is understood. The meaning of an ordinary word of the English language is not a question of law. The proper construction of a statute is a question of law.   Above The Law In your inbox. Subscribe and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more. Judge Richard Posner of the U.S. Court .


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High court on the interpretation of statutes by Thomas Macleod Download PDF EPUB FB2

: The High Court on the Interpretation of Statutes (): MacLeod, Thomas: Books. Description: Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [] HCA 34 (8 September )Interpreting 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.

This book takes a new. Additional Physical Format: Online version: Macleod, Thomas. High court on the interpretation of statutes.

Sydney, The Law book company of Australasia, Interpreting Statutes Book Summary: Interpreting Statutes was cited 4 times by the High Court in Momcilovic High court on the interpretation of statutes book The Queen [] HCA 34 (8 September )Interpreting 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.

This book takes a new approach to statutory interpretation. Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen HCA 34 (8 September )Interpreting Statutes has been written for lawyers and judges who must interpret.

This work provides a comprehensive guide to the interpretation of statutes in South African law. 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/5(3).

The interpretation of statutes is very essential to the administration of justice. They are the tools that judges use to read meaning to provisions of the law in order to justify their decisions.

Interpretation of statutes is a very important issue which is not made easy due to varying factors. The book is good for the students of Interpretation of Statutes. It gives a basic idea on the subject. Interpretation of Penal Statutes. Strict Construction of Taxing Statutes construed context Corporation Cr LJ Delhi duty effect enactment expression expressly fundamental rights Government Gujarat Haryana High Court Income Tax Reviews: 1.

The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. As stated by SALMOND, “by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which.

A statutory body may be empowered to make regulations (e.g. s17 of the Universities Act 61 of which authorises the Council of a university, subject to the approval of the Minister of Education, to issue regulations and statutes of the university in relation to the general management of such a university; s43 of the Supreme Court Act 59 of.

INTERPRETATION OF STATUTES Justice A.K. Srivastava, Judge, Delhi High Court at New Delhi Words spoken or written are the means of communication. Where they are possible of giving one and only one meaning there is no problem.

But where there is a possibility of two meanings, a problem arises and the real intention is to be sorted Size: 84KB. Interpretation of statutes is quite an old practice. As long as there has been law, there has been statutory interpretation.

It is the process of giving true meaning to the statute. The main objective of interpretation is to understand the legislative intent of the particular statute conveyed through the language used in the statute.

Statutory interpretation is therefore an exercise carried out by the court, with the aid of rules and procedures that are intended to decipher ambiguous and vague legislation. In determining the actual meaning of the legislation, judges may use three traditional rules of interpretation which the court will employ to determine the intention of /5.

High court on the interpretation of statutes. Sydney, Law Book Co. of Australasia, (OCoLC) Material Type: Document, Internet resource: Document Type: Internet Resource, Computer File: All Authors / Contributors: Thomas MacLeod. Here I am sharing two PDF eBooks containing detailed notes on the Law LLB subject - Interpretation of Statutes.

The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. I have shared brief and to-the point notes that will help you revise this subject in quick time. List of key topics covered in /5(3). In Statutes in Court William D.

Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of “ordinary judging” that defines the proper scope of judicial discretion. Popkin begins by discussing the British origins of statutory interpretation Cited by: 7.

1: IntroductIon to Statutory InterpretatIon 3 Unfortunately for newcomers, this is an ‘inescapably’ complex task which ‘involves an art, not a science’.6 The role of the courts in statutory interpretation is limited by the separation of powers doctrine.

It can only rule File Size: 3MB. Most settled principle of interpretation is that the court must deduce the intention of the parliament from the words used in the Act.

See e.g. case titled Shahid Nabi Malik & another V. Chief Election Commissioner etc. Cited as PLD SC 4. To construe and/or interpret a statute the whole of the statuteFile Size: KB. Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning.

It is the process of ascertaining the true meaning of the words used in a statute. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts.

The need for statutory interpretation The meaning of law in a statute should be clear and explicit, but this is not always achieved. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute.

In those cases the task of the court. Since the s, High Court decisions on questions of statutory interpretation have included statements of theory that seek to describe and justify the way in which the Australian judiciary interprets statutes. In articulating their theory, the Gleeson and French Courts have granted that the primary object of statutory interpretation.

Interpretation Of Statutes - importance of the words “and” and “or” To ensure that justice is made available to all, the judicial system has been evolved in all nations.

It is extremely important and infact necessary also that the Courts interpret the law in such a manner that. The main object of the Court in interpreting a statute is to find out the intention of the legislature as expressed in the statute or Act.

The intention and meaning of the statutes is to be sought in the words used. If they are plain and unambiguous the words must be applied as they stand/exist. Once a court has declared the statute law – that is said what a statute means that interpretation is a precedent.

Lower courts must apply the statute as declared by higher courts. Equivalent or superior courts will regard the interpretation as persuasive. Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning.

If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. Why statutes require interpretation. There are three categories of reasons for why statutes need to be interpreted: (1) drafting errors (2) changed circumstances and (3) incomplete rules.

Drafting errors: I include here not just typos or grammatical errors (exceedingly rare) but. Interpretation of Statutes. On Novem Febru By admin. the court must first look into that dictionary for interpretation. In Mayor of Portsmouth v. Smith, the Court said that the introduction Interpretation of a statute meant the difference between life & death for the accused.

Court wary of hanging people. ] Statutory Interpretation: Mostly Common Sense. common law. There is a tremendous output of federal, state and territory legislation.

There has been a noticeable shift in the expression of law from court judgments to expositions in legislation.9 Unfortunately, in some cases. Statutory Interpretation Lecture. Notes from Smith & Bailey on the Modern English Legal System, Third editionp; cases in Jacqueline Martin, The English Legal System, chapter INTRODUCTION.

The task of interpretation may vary in difficulty. F.A.R. Bennion (StatuteLaw, ), has identified a number of factors that may cause doubt. The draftsman may refrain from using. Interpretation of Statutes (English Law) 1. BYSYED MUHAMMAD IJAZ, FCA,LL.B. • A statute is simply the will of the legislature• The function of the court is to interpret the statute according to the intent of them that made it• Courts are bound to endeavor to place some meanings upon words used in statutes.

In light of this observation of Hon’ble Supreme Court, reading/ interpretation of statute is usually being done in light of following rules.

Statute is Effective and Workable The Courts while pronouncing upon the constitutionality must prefer an interpretation which keeps the statute. Interpretation of Statutes by Ravi Shinde and a great selection of related books, interpretation statutes. analyzes the nature of early statutes as seen in the rules for their construction and their use in court.

He shows that the early statutes were more legislative than declaratory, and were treated as such by the courts. Particular regard has been paid to the general statements of the High Court explaining the modern approach to statutory interpretation.

In the foreword to the 8th edition of this work the then Chief Justice of the High Court, the Honourable Robert French AC, said: ‘The book is lucid, well organised and eminently readable, whether from cover.

begin interpreting a statute (Part I), tools of statutory interpretation (Part II), and theories of statutory interpretation (Part III) that can help inform which tools of interpretation you employ. Preliminary Steps There are three important preliminary steps you should take before attempting to interpret a given statute: 1.

Read the Size: KB. The common law explains this interpretive role as the ascertainment of legislative intention, in conformity with the common law rules of interpretation, as augmented by statute. Legislative intent is the judge’s constitutional compass and also supplies the rulebook as to how it can be ascertained.

Statutes can be classified by object, by method, by reference to duration - 1) Classification by object - a) Declaratory Statutes - Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any Statute such Acts are held to be retrospective.

A statute is an edict (Proclamation by sovereign state or government official) the most accepted mode of interpretation or construing the statute is to adopt the interpretation or construction according “to the intent of them that make it”.

It is the duty of Judicature is. The rules of statutory interpretation discover what gap or mischief the statute was intended to cover. The court is then required to interpret the statute in such a way to ensure that the gap is covered.

The rule is contained in Heydon's Case (), where it was said that for the true interpretation of a statute. Interpretation of Statutes Exam Notes By Nigel T. Sithole- Section A: Introduction Chapter 1. Overview of Chapter. What is the Interpretation of Statutes. CONCEPT KEYPOINTS Definition Also known as the Juridical understanding of legislation, deals with those rules and principles which are used to construct and justify the.

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

The basic principles governing statutory interpretation are repeatedly stated, without apparent disagreement, in decisions of the High Court of Australia. According to the author, they involve deriving meaning from close consideration of the text, context and purpose (policy) of any contested provisions.One important role of the High Court is constitutional interpretation – in other words, examining and making sense of our Commonwealth Constitution.

Most legal theorists believe the High Court was created specifically to protect the Constitution, to ensure that it functioned correctly and effectively.Law Book Shop 1st floor, Oriental complex Banerji road JN., Ernakulam, Cochin Kerala, India [email protected] [email protected] +91 - /