Interpretation of Statutes and Principles of Legislation
Kannur University · LL.B. Semester 6 · OP 07
Unit I
Introduction: Interpretation · Meaning, Objects and Scope of · Difference between interpretation and construction · Statutes · Nature and Kinds · Commencement, operation and repeal of statutes · Purpose of interpretation of statutes · Basic Sources of Statutory Interpretation · The General Clauses Act, 1897, Nature, Scope and Relevance (Ss. 6 · 8) · Aids to Interpretation: Internal aids and External Aids
- Statutes (Enactments) — Meaning and Classification
- Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act
- 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
- General Clauses Act, 1897
- The Interpretation of Statutes
Unit II
Rules of Statutory Interpretation and Presumptions in statutory interpretation: Primary Rules · Literal rule, Golden rule, Mischief rule (rule in the Heydon's case), Rule of harmonious construction · Secondary Rules: Noscitur a sociis, Ejusdem generis, Reddendo singula singulis · Presumptions: 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 obligation or permitting advantage from one's own wrong, Prospective operation of statutes · Interpretation with reference to the subject matter and purposes: Restrictive and beneficial construction, Interpretation of · Taxing statutes, Penal statutes, Welfare legislations, substantive and procedural statutes, directory and mandatory provisions, enabling statutes, codifying and consolidating statutes, statutes conferring rights, statutes conferring powers, Statutes affecting the state, Statutes affecting the jurisdiction of courts
- 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 III
Maxims of Statutory Interpretation: Maxims · Delegatus non potest delegare, Expressio unius exclusio alterius, Generalia specialibus non derogant, In pari delicto potior est conditio possidentis, Ut res magis valeat quam pereat, Expressum facit cessare tacitum, In bonam partem
Unit IV
Interpretation of the Constitution: Rule of Harmonious construction, Doctrine of pith and substance, Colourable legislation, Ancillary powers, Occupied field, Residuary power, Doctrine of repugnancy
Unit V
Principles of Legislation: Law-making · the legislature, executive and the judiciary · Principle of utility · Relevance of John Rawls and Robert Nozick · individual interest to community interest · Operation of these principles upon legislation · Distinction between morals and legislation