Interpretation of Statutes and Principles of Legislation
University of Calcutta · LL.B. Semester 8
Unit 1 — Meaning of Interpretation and Construction
Meaning of Interpretation and Construction- methods of interpretation and utility of rules of interpretation
Unit 2 — Principles of Legislations
Principles of Legislations- Definition, Nature and Scope · Types · Individualism · Utilitarianism · Collectivism
Unit 3 — Basic Rules of Interpretation
Literal Rule, Golden Rule and Mischief Rule, Harmonious Construction
Unit 4 — General Principles of Interpretation
Statute to be read as a whole- Intention of Legislatures- Statute to be constructed to make it effective and workable
- Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
- Presumptions in Statutory interpretation — Statutes are valid, Statutes are territorial in operation, Presumption as to jurisdiction, Presumption against what is inconvenient or absurd, Presumption against intending injustice, Presumption against impairing obligations or permitting advantage from one's own wrong
Unit 5 — Subsidiary Rule of Interpretation
Mandatory and Directory Provisions. Use of “Shall” and “May”, “It shall be lawful”, “shall have power”, “Or”, “And”, “as”
Unit 6 — Internal Aids and External Aids to Construction.
Internal Aids and External Aids to Construction
- Legislative Material — Internal Aids — Parts of a statute and their function in interpretation of a statute — Short and long titles, preamble, schedules, marginal headings, parts, and their captions, chapters and their
- Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements
Unit 7 — Interpretation of Taxing Statute
Interpretation of Taxing Statute, Penal Statute
Unit 8 — Interpretation of Social and Beneficial Legislation.
Interpretation of Social and Beneficial Legislation
Unit 9 — Interpretation of the Constitution.
Interpretation of the Constitution
Unit 10 — Maxims
Noscitur a Sociis · Ejusdem Generis · Causus Omissue · Expressio Unius Est Exclusio Alteriu · Redendo Singula Singulis · Generalia Specilibus non Derogant
Unit 11 — The General Clauses Act, 1897
Definition and Salient Features