What is the purpose of interpretation of statutes?
Answers
Answer:
Explanation:To ensure that justice is made available to all, the judicial system has been evolved in all nations. It is extremely important and infact necessary also that the Courts interpret the law in such a manner that ensures ‘access to justice’ to the maximum. For this purpose, the concept of ‘Canons of Interpretation’ has been expounded. The Canons are those rules that have been evolved by the Judiciary to help Courts determine the meaning and the intent of legislation.
SALMOND has defined it as “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.”
A Statute is an edict of the Legislature and it must be construed “to the intent of them who make it” and “duty of the judicature is to act upon the true intention of the Legislature- the mens or sententia legis.”
Need For Interpretation
In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary:
1. Complexity of statutes in regards to the nature of the subject, numerous draftsmen and the blend of legal and technical language can result in incoherence, vague and ambiguous language.
2. Anticipation of future events leads to the use of indeterminate terms. The impossible task of anticipating every possible scenario also leads to the use of indeterminate language. Judges therefore have to interpret statutes because of the gaps in law. Examples of inderterminate language include words such as “reasonable”. In this case the courts are responsible for determining what constitutes the word “reasonable”.
3. The multifaceted nature of language. Language, words and phrases are an imprecise form of communication. Words can have multiple definitions and meanings. Each party in court will utilize the definition and meaning of the language most advantageous to their particular need. It is up to the courts to decide the most correct use of the language employed.
General Rules of Interpretation, Internal Aids to Interpretation, External Aids to Interpretation, Literal Rule, Golden Rule, Mischief Rule, Subsidiary Rules and Harmonious Construction are some of the most important rules.