Q. What do you mean by interpretation? [4 marks - 2019]
Interpretation of Statutes - Meaning, Objectives and Importance
Meaning
Interpretation is the process to determine the meaning of the statutes or other legal provision. It is also known as statutory construction. A statutory provision may be understood in more than one way depending on the words used to construct the rule. The rules of interpretation provides a framework which ensures that the most suitable meaning is considered for each scenario.
Objectives or Purpose
The main objective or purpose of statutory interpretation:
1. Understanding the intent of the legislators: The main purpose of interpretation is to understand the intent of the legislators. Once this is understood and established, steps to be taken to achieve this intent.
2. Protecting rights: Statutory interpretation should focus on protecting and prioritising the rights and interests of the parties.
Importance
1. Fair resolution of legal disputes: The process of statutory interpretation enable courts and other bodies involved in adjudication to apply the law to specific cases and resolve legal disputes fairly.
2. Prevent misuse of power: Statute worded in ambiguous language may enable government officials to interpret it in ways that allow them to exercise their powers arbitrarily. Statutory interpretation by the courts plays an important role in preventing this misuse.
3. Prevent crime: Narrow interpretation of criminal statutes may not be capable of curbing crimes. Suitable interpretation has the capability to both prevents crime and safeguards individual rights.
4. Swift delivery of justice: The rule so interpretation provides tools to promptly and accurately understand the law. This helps in preventing delays in the delivery of justice.
No comments:
Post a Comment