The document discusses how judges interpret statutes and make decisions. It explains that interpretation is the process for judges to ascertain the meaning of legislation and determine the legal effect. Key points covered include that interpretation involves identifying the true meaning of words in a statute based on legislative intent. It also discusses the difference between interpretation, which is determining linguistic meaning, and construction, which is determining legal effect. The role of the judiciary is to interpret statutes according to the intention of the legislature.
The document discusses how judges interpret statutes and make decisions. It explains that interpretation is the process for judges to ascertain the meaning of legislation and determine the legal effect. Key points covered include that interpretation involves identifying the true meaning of words in a statute based on legislative intent. It also discusses the difference between interpretation, which is determining linguistic meaning, and construction, which is determining legal effect. The role of the judiciary is to interpret statutes according to the intention of the legislature.
The document discusses how judges interpret statutes and make decisions. It explains that interpretation is the process for judges to ascertain the meaning of legislation and determine the legal effect. Key points covered include that interpretation involves identifying the true meaning of words in a statute based on legislative intent. It also discusses the difference between interpretation, which is determining linguistic meaning, and construction, which is determining legal effect. The role of the judiciary is to interpret statutes according to the intention of the legislature.
The document discusses how judges interpret statutes and make decisions. It explains that interpretation is the process for judges to ascertain the meaning of legislation and determine the legal effect. Key points covered include that interpretation involves identifying the true meaning of words in a statute based on legislative intent. It also discusses the difference between interpretation, which is determining linguistic meaning, and construction, which is determining legal effect. The role of the judiciary is to interpret statutes according to the intention of the legislature.
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Introduction
How Judges Decide?
Ms. Pallavi Mishra Symbiosis Law School, NOIDA Introduction • The Doctrine of Separation of Powers posited by Montesquieu, led the power to be expressed in three organs of the Stat e, namely, legislature, judiciary and executive. • Law Making is the exclusive domain of the legislature, the task of the judiciary is to interpret and apply the law on real cases, while executive will enforce the law in the society. • The Doctrine has special significance in the context of statutory interpretation whereby the Courts determine the true meanings of the words employed in a Statute in accordance with legislative intention. Meaning of Interpretation “The essence of law lies in the spirit, not in its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” – Salmond
• The term interpretation is derived from Latin term interpretari
which means to explain, to expound, to understand or to translate. • Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. • 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. These principles are sometimes called ‘rules of interpretation’. Interpretation and Construction • Salmond defines interpretation as “Interpretation or construction is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.” • Interpretation is the activity of discerning the linguistic meaning in context of a legal text. Construction is the activity of determining the legal effect of legal text. Interpretation and Construction • In law, ‘construction’ means the process of legal exposition which determines the sense and explanation of abstruse terms, writings etc. in the statute and draws a conclusion on the basis of logical reasoning, with respect to the subject that lies above the direct expression of the legal text. • Interpretation is just a broad word for how someone construes a statute or the Constitution. Construction is an interpretation meth od where the words of the law are vigorously followed. Interpretation and Construction Comparison Chart
BASIS FOR INTERPRETATION CONSTRUCTION
COMPARISON Meaning Interpretation implies Construction means drawing the identification of inferences about the subject, true sense of the statute. that are above the direct expression of text. Determines Linguistic meaning Legal effect Used when Legal text exhibits ambiguous Court complies with simple meaning and the court has to meaning of the legal text. decide whether the words used in the legal text covers the case or not. Intention of Legislature/Sententia Legis • The elementary principle of interpreting any word while considering a statute is to gather the mens or sententia legis of the legislature i.e. if the words of a statute are clear and unam biguous, they themselves indicate what must be taken to have been the intention of the Parliament to expound their meaning according to their natural and ordinary meaning. • Since the intention of the legislature is meant to exemplify the will of the people, the judiciary is bound not interpret legal texts in accordance with legislative intention. Why statutes require interpretation? There are three categories of reasons for why statutes need to be interpreted:
(1) Complex legal language, drafting errors..
(2) changed circumstances and
(3) incomplete rules.
What is the appropriate institutional role of the judiciary? • Statutory interpretation is the process of interpreting and applying legislation to decide cases. • Interpretation is necessary when case involves ambiguity. • Generally, the words of a statute have a plain and straightforward meaning. • But in some cases, there may be ambiguity or vagueness in the words of the statute that must be resolved. • Justice Grey described it as the process by which a judge construes from the words o f a statute book the meaning of which he either believes to be that of the legislature, or which he proposes to attribute to it. Reading Materials • ‘Introduction, The Institutional Regime of Interpretation’- Dhanda, Amita, N S Bindra's , Interpretation of Statutes, 12th ed., Lexis Nexis Publishing. 2017 Pp.3-6
• ‘Chapter 1, Law Making Roles of the Legislature and the
Judiciary’- Dhanda, Amita, N S Bindra's , Interpretation of Statutes, 12th ed., Lexis Nexis Publishing. 2017 Pp. 7-13
