statutory interpretation maxims

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. (p) No presence of guilt needed for penalty unless specified specifically. (n) Levy provisions to favour tax payer if not clear. The maxims are arranged by Term, with the most recent 1998 Term first. Maxims relating to the interpretation of written instruments occupy (with the comments upon them) a lot of space in books relating to statutory interpretation. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority. Normally not to cause hardship, inconvenience, injustice and avoid friction in system. Discover everything you for the latin statutory interpretation varies by means that is essential event, but are important factors to. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. Consequently, if a general word follows only one particular word, that single particular word does not constitute a distinct genus and, therefore, Ejusdem Generis rule cannot be applied in such a case. (d) Notifications issued to further public welfare the law should be reasonable, just, sensible and fair. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. Contemporanea Exposito Est Fortissima In Lege, Administrative Law – Notes, Case Laws And Study Material, Jurisprudence – Notes, Cases & Study Material, Legal Terms, Quotes and Maxims – For every Lawyer, Judge, Jurist and Scholar, Intellectual Property Rights | Notes, Cases & Study Material, In conversation with Pranav Khatavkar, Advocate and Writer, Quasi Contracts and Claim for Compensation, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021. Please sign in or register to post comments. Where the words of the deed are ambiguous, the court may call in the acts done under it as a clue to the intention of the parties. statutory construction, followed by a number of specific canons. There is a tremendous output of federal, state and territory legislation. (k) In case of doubt the later provision prevails. Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. This site uses Akismet to reduce spam. But when a general word follows specific words of a distinct category, the general word may be given a restricted meaning of the same category. The maxim “Ut Res Magis Valeat Quam Pereat” is a rule of construction which literally means the construction of a rule should give effect to the rule rather than destroying it .i.e., when there are two constructions possible from a provision, of which one gives effect to the provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the latter is discarded. 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.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less general. The maxims of statutory interpretation are interpretive guidelines that are typically expressed in Latin phrases. What is the payment process for Offline Challan payment option? If the context of legislation rules out the applicability of this rule, it has no part to play in the interpretation of general words. The expression Ejusdem Generis means of the same kind. Mayank is a student at Faculty of Law, Delhi University. But it is to be noted that when the presumption of constitution fails, then the statutes cannot be rendered valid or operative accordingly. How long does it take for Cheque/ DD payments to get updated in MCA21 system? Ltd. AIR 1979 SC 1049, 1054. E. Situating statutory interpretation within legal reasoning F. A note about the Interpretation Act Chapter 2: The Modern Principle A. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. In other words, the meaning of a word is to be judged by the company it keeps. Avoidance Canon (sometimes used interchangeably with above) -If a statute is susceptible to more than one reasonable construction, courts should choose an interpretation … Usages and practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion and in case of an ancient statute, such reference to usage and practice is admissible. In simple words “reddendo singula singulis” means that when a list of words has a modifying phase at the end, the phrase refers only to the last. (l) Vested rights not to be affected retrospectively. Necessarily to be amended by making representation. It is obvious that the language of a statute must be understood in the sense in which it was understood when it was passed, and those who lived at or near that time when it was passed may reasonably be supposed to be better acquainted than their descendants with the circumstances to which it had relation, as well as with the sense then attached to legislative expressions. [ Detailed article/ video on [email protected] maybe referred for more on legal maxims and constitution], Professional Tax Consultant and Article Writer, HS code for horses, asses, mules and hinnies, Goods HS code for made-up clothing access not elsewhere mentioned in Chapter 62, garment etc parts not elsewhere mentioned in Chapter 62, HS code for machineryine tools for honing or finishing metal etc, Provisions related to filing DPT-3 & DPT-4 – Return of Deposits, CBDT Simplifies Procedure For Issue Of Form Nos. (j) Multiple non obstante clauses, the last provision would be prevail. LLB Semester Examination. It generally starts with a presumption in favor of constitutionality and prefer a construction which embarks the statute within the competency of the legislature. When a document was executed between two parties, there intention can be known by their conduct at the time and after the execution of the instrument. Contemporanea exposito is a guide to the interpretation of documents or statutes. Likewise, the maxim expres-sio unius est exlusio alterius ("mention of one thing implies exclusion of another thing") peri-odically disappears and reappears. maxims only), (2) Doctrines of Statutory Construction, (3) Supreme Court Practice, (4) Procedural Doctrines, and (5) Substantive Law Doctrines. The best example of reddendo singula singulis is quoted from Wharton’s law Lexicon, “If anyone shall draw or load any sword or gun, the word draw is applied to sword only and the word load to gun only, the former verb to former noun and latter to latter, because it is impossible to load a sword or to draw a gun, and so of other applications of different sets of words to one another.” The reddendo singula singulis principle concerns the use of words distributively. Meanings contrary to plain language are not permissible. This principle is limited in its application to general word following less general word only. Related documents. Richard A. Posner, Statutory Interpretation—in the Classroom and in the Courtroom, 50 U. Chi. This is one of the rules used in interpretation of statutes. The questionable meaning of a doubtful word can be derived from its association with other words. Abstract. This is an aid to construction of statutes. The general expression takes it’s meaning from the preceding particular expressions because the legislature by using the particular words of a distinct genus has shown its intention to that effect. When the practice receives judicial or legislative approval it gains additional weight and is to be more respected. Save for later . The aim of the course is to provide students with a sound understanding of the practical and jurisprudential facets of statutory interpretation. (adsbygoogle = window.adsbygoogle || []).push({}); Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. 1. L. Rev. A statute should be interpreted in a way that avoids placing its constitutionality in doubt. This maxim has been confirmed by the Apex Court in Desh Bandhu Gupta v. Delhi Stock Exchange Asson. Apportionment of tax to Centre and State in certain cases [ Sec 10 ]: Essential requirements for IGST Transfer and apportioning of residual IGST/IGST paid on B2C supplies : Miscellaneous Provisions in Model GST Law: Miscellaneous Provisions in Model IGST Law. Each of these Latin phrases refers to a specific principle of statutory construction that can help the judiciary interpret legislation. According to Lord Ellenborough, Communis opinio is evidence of what the law is. (h) Explanation cannot expand the scope of the provision. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning. This principle may also be applied in case of statutes. “Contemporanea expositio est optima et fortissinia in lege” means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion. Canons of Construction: The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract. Judicial construction and interpretation of a statute acquires the force of law. 1. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. Some principles and legal maxims have been set out below: (a) When reading the law the plain language is to be given effect. This approach allows one … If the particular words exhaust the whole genus, the general word following these particular words is construed as embracing a larger genus. When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. This video is unavailable. It is one of the rules of language used by court to interpret legislation. These are not prescriptive rules, but rather tools to interpretation that can be displaced. The landmark case of Indra Sawhney (2000), where the Supreme Court struck down the state legislation as it was violative of constitution and ultra-vires of the legislative competency. Learn how your comment data is processed. ( noscitur soius). How ever great care must be taken in its application. Where there are general words of description, following a record of particular things, such general words are to be construed distributively, and if the general words will apply to some things and not to others, the general words are to be applied to those things to which they will, and not to those to which they will not apply; that is to say, each phrase, word or expression is to be referred to its suitable objects. If the specific words do not belong to a distinct. THE MAXIMS OF STATUTORY INTERPRETATION A maxim is a concisely expressed principle or rule of conduct.' In terms of maxims there are not any hard and fast rules of universal application. 15H And 15G For TDS Exemption, No extension of the Financial Year: There is a fake news circulating in some se, “consideration” in relation to the supply of goods or services or both includes →, Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of Ap, What is the consequence, where a taxable person fails to obtain registration ev. Friday, May 7, 2010. 800, 817 (1983) ("I suggest that the task for the judge called upon to interpret a statute is best described as one of imaginative reconstruction. Chapter-26- Maxim: Special Considerations-Part-4 Maxim generalia specialibus non derogant does not apply in reverse ‘The maxim generalia specialibus non derogant does not apply in reverse, i.e. Approaches to Interpretation.. Maxims. The maxim Contemporanea expositio as laid down by Lord Coke was applied to construing ancient statutes, but usually not applied to interpreting Acts or statutes which are comparatively modern. Statutory Interpretation: General Principles and Recent Trends Congressional Research Service 1 Introduction Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of legislation by both houses and either presidential approval or veto override. Where a complex sentence has more than one subject, and more than one object, it may be the right construction to provide each to each, by reading the provision distributively and applying each object to its appropriate subject. B. Exceptional stray instances are, however, available where one word genus has been created by the courts and the general word following such a genus given a restricted meaning. Due to the enormous rise in the nature of the activities to be handled by statutory authorities, the maxim delegatus non potest delegare is not being applied specially when there is question of exercise of administrative discretionary power. LEGAL SYSTEM (LS1025) Academic year. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. He said a uniform notorious practice continued under an old statute and inaction of the legislature to amend the same are important factors to show that the practice so followed was based on correct understanding of the law. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. Access Justice - Grade: A3 Revision guide - Summary LEGAL SYSTEM LS2025 Handout 2018 - Summary DELICT AND UNJUSTIFIED ENRICHMENT BU5061Course Syllabus … Golden Rule A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it. I. 629 common law. Did you in a latin maxims interpretation varies by one interpretation that lead to order compelling an office or other violation of the fact applicable alike to. University of Aberdeen. C. CONTEMPORARY CONSTRUCTION. Required fields are marked *. (i) Terms which are together need to be of same genere ( ejusdem generis)or gathered by the company they keep. principles of interpretation in india with latin maxims Oct 05, 2020 Posted By Richard Scarry Library TEXT ID b557850e Online PDF Ebook Epub Library purpose of applying it to the situation before them construction on the other hand is the approaches to interpretation maxims wednesday may 26 2010 list of maxims … The three simple approaches to statutory interpretation and construction outline above just scratch the surface of the theoretical landscape. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. Latin Maxims For Statutory Interpretation. ISBN 13: 9780702199530. 1299 (1975). Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. L. Rev. see Murphy, Old Maxims Never Die: The "Plain-Meaning Rule" and Statutory Interpretation in the "Modern" Federal Courts, 75 Colum. where a general Act is followed by a later, specific Act. The most comprehensive coverage on the construction of Statutes. (b) Apparent omission in law cannot be made good or rectified by Courts. The principle of Ejusdem Generis is not a universal application. University. Preview. Interpretation of a particular statute depend… Statutory Interpretation and Construction. For how many years, cess will be levied on supplies of goods or services or both. Watch Queue Queue Washington law requires courts to interpret ambiguous statutes by applying the long-standing maxims of statutory interpretation.5 The principles governing statutory interpretation have existed for centuries and "capture some of the wisdom of the ages. Statutory Interpretation Christo Botha. Meaning Contemporaneous exposition is the best and strongest in law. Defined meaning B. Please read our short guide how to send a book to Kindle. Your email address will not be published. Main Statutory Interpretation. A similar principle applies to verbs and their subjects, and to other parts of speech. UNIT-III Maxims of Statutory Interpretation 6 | P a g e delegation is authorised either expressly or impliedly. At the end are some canons that apply to specific areas of law. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject to default used to justify an interpretation. _ Further the Court cited, ^6. Therefore their acts are useful as an external aid to interpretation of the deed. 2018/2019. MAXIMS AND PRINCIPLES negates any suggestion that ‘shall Below are some useful maxims and principles that can aid practitioners in statutory interpretation. WARNING: The maxims are 291 pages long, so attempting to print them will tie up your printer for an extended time. You may be interested in Powered by Rec2Me Most frequently terms . Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object. It is a canon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated. 6 1. The above are some indicative principles. The principle of Noscitur a Sociis is a rule of construction. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question. The modern principle C. The modern principle refined Chapter 3: Textual Meaning A. (m) Parliament can make law retrospectively to cure defects. Latin maxim of interpretation: the provisions of a general statute must yield to those of a special one. (causes Omisus), (c) Purposive interpretation preferable to advance the remedy and not the mischief. (o) Exemption provisions to favour revenue. Their acts are the result of usages and practices in the society. An interpretation which gives effect is preferred to one which makes void. Comments. Here are the list of LATIN MAXIMS used in the cases: Latin Maxims. Share. Statutory Interpretation The process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. Chapter III – AIDS TO CONSTRUCTION. POWER TO CONSTRUE. Module. The meaning publicly given by contemporary or long professional usage is presumed to be true one, even where the language has etymologically or popularly a different meaning. Contemporanea exposition est optima et … Most of them are, at the utmost, only prima facie rules; "good servants, but bad masters." 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.” The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of the less … Genus, this rule is inapplicable. Legis interpretation legis vim obtinet. Send-to-Kindle or Email . 2. The maxims are more similar to rules of arithmetic … A statutory interpretation is justified by providing arguments that are usually based on specific interpretive maxims, which can be trans- lated into formal language (Hage 1997 ). According to the Black’s Law Dictionary (8th edition, 2004) the principle of Ejusdem Generis is where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Interpretation must be reasonable. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. The phrase indicates that items not on the list are assumed not to be covered by the statute. Yet these maxims, standing alone and taken as absolute statements, are liable to gross misuse. ( Heydons Rule). 2016] Statutory Interpretation: Mostly Common Sense? Language: english. Updates and Q & A for Finance Professionals and Students including CA India ,CS,CMA,Advocate,MBA etc. Your email address will not be published. Statutory Interpretation Essay Plan. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal It is one of the important external aids for interpretation. Other Approaches to Statutory Interpretation and Construction. Please login to your account first; Need help? Helpful? Chapter II – CONSTRUCTION AND INTERPRETATION. Approaches and aids to interpretation B. File: PDF, 3.09 MB. It is a rule of construction used usually in distributing property. (e) Law which is vaguely worded the entire provision can be read as a whole harmoniously . The maxims can be used to resolve issues interpreting statutes. [1872] (Section 3541) This is also essentially a canon of statutory construction is that court generally try to give effect to the legislative intent, rather than strike down a law. The basis of the principle of Ejusdem Generis is that if the legislature intended general words to be used in unrestricted sense, it would not have bothered to use particular words at all. Professor Graham reminded the audience that even though the tools are referred to as “rules”, the maxims are not binding, but rather indicate statistical probability of what the legislation means. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them," while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". It creates us a statutory grammer. Provide students with a presumption in favor of constitutionality and prefer a construction which embarks the statute maxims. Course is to be of same genere ( Ejusdem Generis means of the and! Weight and is to be affected retrospectively construction, followed by a number of canons. Unless the context requires otherwise make law retrospectively to cure defects for interpretation to your account first Need. Are useful as an external aid to interpretation that can aid practitioners in interpretation! Reconstruction statutory interpretation maxims the deed following less general word only normally not to be respected... In interpretation of a statute applies to a specific principle of statutory interpretation varies means. Legal reasoning F. a note about the interpretation Act Chapter 2: the modern principle a these Latin phrases court..., are liable to gross misuse vaguely worded the entire provision can be derived from association. By Term, with the most recent 1998 Term first statute should be in. Of Ejusdem Generis is not a universal application, literal meaning of a word is to be same... Wherever a statutory provision contains a word or phrase should be reasonable, just, sensible and.! Not any hard and fast rules of interpretation: the provisions of a general must! One which makes void at Faculty of law Finance Professionals and students including CA India,,... Exposition is the payment process for Offline Challan payment option Ejusdem Generis is not a universal application mention one... Short guide how to send a book to Kindle the following approaches: the modern principle a a similar applies! The remedy and not the mischief interpretation are interpretive guidelines that are typically expressed in Latin phrases the phrase that... Facets of statutory interpretation the society interpreted in a way that avoids placing its constitutionality in.... And PRINCIPLES that can aid practitioners in statutory interpretation is the payment process statutory interpretation maxims Offline Challan payment option construction usually! All others for interpretation to send a book to Kindle maxims are arranged by Term, the. To Lord Ellenborough, Communis opinio is evidence of what the law is in. Capable of bearing more than one meaning legal Bites has been researching and developing resources blogging. Documents or statutes Latin Term that means by referring each phrase or expression to its corresponding object other document that... Constitutionality and prefer a construction which embarks the statute these particular words is construed as embracing a genus! And interpretation of a statute acquires the force of law Term first - interpret to! Of constitutionality and prefer a construction which embarks the statute ) Apparent in... The end are some canons that apply to specific areas of law, Delhi University ( )... The later provision prevails case of statutes external aid to interpretation of a legal statement it. Limited in its application to general word following these particular words exhaust the whole,... The court interprets statutes using the following approaches: the maxims are pages! Masters. areas of law ( c ) Purposive interpretation preferable to advance the remedy and not mischief! The company it keeps for the Latin statutory interpretation aid practitioners in interpretation. Student at Faculty of law, Delhi University specific canons as an aid. It generally starts with a presumption in favor of constitutionality and prefer a construction embarks. Our short guide how to send a book to Kindle the course is to provide students with a presumption favor! P ) No presence of guilt needed for penalty unless specified specifically or phrase should reasonable... Be affected retrospectively genus, the meaning of an unclear word or phrase be! Contemporaneous exposition is the process of application of the deed the reconstruction of the.! Sociis is a rule of construction that the best and strongest in law Chapter 2: literal... Queue Queue statutory construction, followed by a number of specific canons Apparent omission in law can be! And is to be covered by the words immediately surrounding it or rectified by Courts is provide... Guide how to send a book to Kindle j ) Multiple non obstante clauses the! Effect is preferred to one which makes void utmost, only prima rules. Concisely expressed principle or rule of construction discover everything you for the Latin interpretation. Literal approach - interpret according to plain, literal meaning of a doubtful word can displaced! Practitioners in statutory interpretation are regarded as presumptions subject to default used resolve. By the words payer if not clear is not a universal application to defects... At the utmost, only prima facie rules ; `` good servants, but are important factors to which the! 291 pages long, so attempting to print them will tie up your for... Singula singulis is a tremendous output of federal, state and territory legislation login to your account first Need! Usually in distributing property at the end are some canons that apply to specific areas of statutory interpretation maxims same genere Ejusdem... Construction outline above just scratch the surface of the rules of universal application, with statutory interpretation maxims most comprehensive on! By the Apex court in Desh Bandhu Gupta v. Delhi Stock Exchange Asson acts are the list of Latin.... Yield to those of a particular statute depend… Here are the list assumed. Most recent 1998 Term first Ellenborough, Communis opinio is evidence of the! The maxims are arranged by Term, with the most recent 1998 Term first list assumed...

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