Various principles of interpretation of enacted law

 

Various principles of interpretation of enacted law.

1) Introduction

One of the most important functions of the court is the interpretation of enacted law of the statute and such interpretation is the process by which courts interpret the law. Interpretation takes place whenever the meaning of a legal term is required. Lawyers and judges search for meaning by using different rules of interpretation. There are certain rules of interpretation of law which are used by courts during the interpretation of laws. This process is helping lawyers as well as judges in order to understand the law

2) Definition of interpretation

The process of finding the meaning of a written Law is called interpretation

3) Rules of interpretation of law

Following are the general rules for interpreting the laws. Details are as under.

1. Grammatical interpretation

In Grammatical interpretation of law, court only interprets the meaning of the words but court does not go beyond the legal meaning of the law.

Defects in grammatical interpretation

Following are the three logical defects in grammatical interpretation

1) The language of the law can be vague

2) The language can be inconsistent which can destroy the meaning

3) The law itself can be incomplete

2. Golden rule

In the golden rule, court goes beyond the legal meaning of the words when the words of the statute are not clear in order to avoid any kind of discrepancy in result.

3. Casus omissus rule

According to this rule, it is not the duty of the court to enact the laws while it is the function of a legislative body. Law’s correction is the duty of legislature and it is not the duty of courts

4. Mischief rule

In the mischief rule, the court tries to find out the “mischiefs and defects” and “real intention” of the law giver in order to implement a remedy for any breach.

Heydon case

The origin of the mischief rule is Haydon’s case in which four things were observed

1) What was the common law before the making of the ACT

2) What was the mischief and defect which the common law did not provide

3) What remedy the parliament has imposed and appointed to cure the disease

4) The true reason of the remedy and judges destroy the mischief and advance the remedy

5. Rule of ejusdem generis

According to this rule, when a court refers to automobiles, trucks, tractors, motorcycles, and other vehicles and uses the term ejusdem generis in support of other same thing, and such vehicles would not include aeroplanes, because the list included only land-based transportation

6. Logical interpretation

In logical interpretation, courts are allowed to depart from the letters of law and try to find out the true intention of the legislatures. Logical interpretation is comparison of the statute

with other statute and study of circumstances in which statute was passed”

7. Sociological interpretation

In sociological interpretation, court refers the history of social movements and circumstances which were exist at the time of legislation in order to find the intention of law giver

8. Strict interpretation

In strict interpretation, Court makes interpretation of unclear terms of law when a language is unable to provide exact and clear meaning of the law

9. Equitable interpretation

In equitable interpretation, the court makes interpretation of enacted law by narrowing or making larger the letter of the law. Such kind of interpretation is equitable interpretation

10. Restrictive interpretation

In restrictive interpretation, court applies restrictive interpretation when court wants to get exact meaning of a law .This is a restrictive interpretation

11. Extensive interpretation

In extensive interpretation, court applies extensive interpretation when court aims to stretch the word from narrower to the wider sense .This is extensive interpretation

12. Historical interpretation

In historical interpretation, court uses historical interpretation when language of statute does not provide the real intention of the law giver and court unable to understand the language used in statute

13. Equity of a statute

Term equity of statute which developed hundreds of years ago when plaintiffs would go to the King and complain of inflexible rules of common law which prevented "justice" from prevailing. And the reason is that law didn’t make rules for all cases in express terms

14. Whole construction

In whole construction, court interprets the whole law and covers all clauses of the law instead of partial interpretation in order to get the real intention of the law giver

15. Plain construction

In plain construction, court does not interpret the laws if the words of law are clear and understandable, it will be enforced same as it is, if the result may appear harsh, unfair or inconvenient

16. In accordance with policy of statute

The interpretation of an enacted law should be in accordance with the policy and object of the enacted law

17. Retrospective effect

The general rule of interpretation is that no retrospective effect will be implemented on a law, keeping in view the past incidents  Example if a person made a criminal act that was not criminal act at the time it was done

18. Rejection of technicalities

According to this rule, court rejects the technicalities during the interpretation of enacted law because court does not believe on technicalities but facts

19. Rules of presumptions

Following are some rules, which need to be kept in mind during interpretation of law.

I. Legislature does not make mistake

It is always to be presumed that the legislature does not make mistake

 If he does make the mistake it needs to be corrected

II. Legislature not intended inconvenience

It is always to be presumed that legislature does not intend inconvenience Legislature always wanted to produce justice from his enactment

III. Legislature does not alter the existing law

It is always to be presumed that the legislature does not intend any alteration in the existing law. Statute should not be interpreted if it hurts the general law or fundamental rules of law

IV. Legislature does not interfere with vested rights

It is always to be presumed that legislature not interfere with persons rights without compensation

V. Statute not violate international law

Another presumption is that statutes do not violate the principle of international law.

4) Conclusion

It is the duty of the legislature to enact and make law and it is the duty of courts to interpret it and apply it according to certain rules of interpretation. Judges are legally bound to interpret the enacted law according to legal principles. Courts and judges can never interpret the laws on their own discretion. Such kind of interpretation abolishes a lot of mistakes from existing rule of law for the better administration of justice



Ikyan Shah (Advocate High Court)
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+92-302-6111222
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