- Why does a statute require interpretation?
- Why do we need interpretation?
- What are the basic principles of interpretation of statutes?
- What is the main objective of the Court when it interprets a statute?
- What do you mean by interpretation of statute?
- Which rule of interpretation is best?
- How do you break down a statute into elements?
- Who has the final say as to what a statute means the Legislature or the courts?
- What are the three rules of interpretation?
- What is Heydon’s rule?
- How does a court interpret a statute?
- What is the importance of statute?
- What is the golden rule of interpretation?
- What does it mean to read down legislation?
Why does a statute require interpretation?
A statute is not to be read as one would another document.
Rather, a statute is read according to its own rules.
When the judge says that the goal of statutory interpretation is to ascertain what the legislature intended, the judge is acknowledging her constitutional relationship with the legislature..
Why do we need interpretation?
Interpretation is essential for the simple reason that the usefulness and utility of research findings lie in proper interpretation. … Researcher can better appreciate only through interpretation why his findings are what they are and can make others to understand the real significance of his research findings.
What are the basic principles of interpretation of statutes?
A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be …
What is the main objective of the Court when it interprets a statute?
In the context of interpreting statutes, there is a third common law constraint: namely, that the common law states that the only goal of the judge’s interpretive role is to ascertain the legislative intent.
What do you mean by interpretation of statute?
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.
Which rule of interpretation is best?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
How do you break down a statute into elements?
When attempting to break down a statute, with the express purpose of dissecting it, you must divide it according to its “statutory elements.” These elements represent the specified portions of a statute that must occur or be completed in order for a statute to be applicable.
Who has the final say as to what a statute means the Legislature or the courts?
CardsTerm Define “Fact bound”Definition When even a minor change in the facts can change the outcomeTerm Who has the final say as to what a statute means, the legislature or the courts?Definition courtsTerm Who has the final say as to the constitutionality of a statute, the legislature or the courts?Definition corts224 more rows•Mar 4, 2013
What are the three rules of interpretation?
There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach. Each rule will be looked at individually with case examples.
What is Heydon’s rule?
The mischief rule was established in Heydon’s Case. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court’s role is to suppress the mischief the Act is aimed at and advance the remedy.
How does a court interpret a statute?
Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Although legislature makes the Statute, it may be open to interpretation and have ambiguities.
What is the importance of statute?
Statute law or Legislation is an important source of law in South Africa. They are the written laws as set out by the parliament and provincial legislatures (competent authorities) and form the basis on which the law of South Africa is founded.
What is the golden rule of interpretation?
It is the modification of the literal rule of interpretation. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. … In view of the same, the grammatical meaning of such words is usually modified.
What does it mean to read down legislation?
The process of applying the presumption of valid meaning, and the outcome of that process, is often described as ‘reading down’ a statute. … If the application of those principles results in the provision having a ‘broader’ meaning than the ordinary meaning of the statutory text, that cannot be an objection in itself.