Political Science, asked by sanjanasarangi6946, 1 year ago

What is elementary principles of construction of statutes?

Answers

Answered by EHSASS

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“Statute law” is simply called a statute.

Statute law is law which is set in statute. I.e. There is sections and acts in legislation which tell you exactly what the law is.

A statute law is also known a statute a written law. They must be produced in Parliament and debated over whether it should be passed.

Conversely there is common law which is law that has been decided by courts due to past cases.

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Answered by ravilaccs

Answer:

Maxwell’s ‘Interpretation of Statutes’ has defined statute as the will of the legislature. Usually, it refers to the act that is enacted by the legislature. The term statute is generally applied to laws and regulations of every sort law which ordains, permits or prohibits anything which is designated as a statute, without considering from what source it arises.

Constitution of India has no particular definition for the word statute but it uses the term “law” for denoting the actions of legislature and its primary power. Statutes are divided into classes as mentioned below:

Codification: It is one when they codify the unwritten law on a particular subject.
Declaration: When there is no change in the existing law but merely clarification or explanation of what it is.
Remedial: This is when they alter the common law or the judge makes a non-statutory law on a particular subject.
Amendment: This is when the judge or the legislature changes or alters the statute law.
Consolidation: This is combining several previous statutes relating to the same subject matter with or without making changes in the same.
Enabling: Removal of restriction or disability.
Disabling or Restraining: Restrain on the alienation of property.
Penal: When there is imposition of penalty or forfeiture.

Need and Object of Interpretation

Salmond directed that, “Interpretation or construction is the process by which the Court’s seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.”
Lord Denning commented on the need of interpretation in Seasford Court Estates Ltd. v. Asher. He said that it is not within an ordinary man’s power to realise what new facts will arise from a case at hand. Considering the facts, all laws cannot be free from ambiguity when applied to them. There can be no legislature or judge that can make a perfect law written in perfect English for ordinary people to understand and not get criticized. Therefore, interpretation of a law is very important as what one writes can be converted into various meanings and various judgments. A judge should ask himself the question: If the makers of the Act had themselves come across this luck in the texture of it, how would they have straight ended it out? He must then do as they would have done. A judge must not alter the material of which it is woven, but he can and should iron out the creases.
The main and most important objective of interpretation is to see the intention that has been merely expressed by the words. The words of the statute are to be interpreted so as to ascertain the mind of legislature from natural and grammatical meaning of the words which it has used.

General Principles of Interpretation

When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. There are two types of Rules of Interpretation with sub-categories:

Primary Rules