Interpretation of Statute. Difference between Interpretation and Construction?

At its simplest, Interpretation of Statute is the process by which the courts determine the true meaning of the words used by the legislature. Since language can be fluid, ambiguous, or out of date, the judiciary acts as an interpreter to ensure that a law is applied in the way it was intended to be.

The ultimate goal is to discover the Legislative Intent (the Sententia Legis).

1. Interpretation of Statute

Interpretation is the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning. It becomes necessary when:

  • The language is ambiguous (has more than one meaning).

  • The law is silent on a specific factual situation.

  • The literal meaning leads to an absurdity or injustice.

2. Interpretation vs. Construction

While these terms are often used interchangeably in casual conversation, in strict legal theory (as noted by scholars like Cooley and Sutherland), they represent two different stages of the judicial process.

3. Key Differences at a Glance

FeatureInterpretationConstruction
StageThe first step (Linguistic).The second step (Legal logic).
ScopeLimited to the "Four Corners" of the Act.Can look at context, history, and policy.
ActivityFinding the sense of the words.Drawing conclusions from the words.
RequirementAlways required when reading a law.Required only when words are ambiguous.

4. Landmark Case Reference: Vacher & Sons Ltd v. London Society of Compositors (1913)

In this case, the court clarified that if the words of a statute are clear, the court must follow them (Interpretation). However, if there is a clash between sections, the court must use "Construction" to make the statute work as a whole.


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