Difference between interpretation and construction of Statute

 Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s understand difference between interpretation and construction of Statute.

Difference between interpretation and construction of Statute

The key differences between interpretation and construction have been enumerated below:

Interpretation of Statutes	Construction of Statutes
Interpretation refers to the understanding of words and the true sense of a legal text.	Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text.
Interpretation takes place when we want to find the original meaning of a legal text.	All other forms of constitutional and statutory analysis come under construction.
Interpretation takes place when the meaning of the legal text is clear and unambiguous so that it can be interpreted.	Construction takes place when the meaning of the text is unclear, ambiguous and is challenged.
The main function of interpretation is to find out the simple and real meaning of the legal text.	When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not.
Interpretation deals with identifying the semantic meaning of a particular use of language in context.	Construction is when the meaning is applied to particular factual circumstances.
Interpretation finds out the ways through which any statute can be analysed.	Construction tries to conclude it.
Through interpretation, one can find out the linguistic meaning in the context of a legal text.	Through construction, one can discover the legal effect of the legal text.
Interpretation rules out ambiguity.	Construction creates additional rules to resolve the vagueness.
Interpretation can be regarded as a broad form of construction as to how one construes a legal text.	Construction is a method of interpretation where the words are interpreted vigorously and literally.
Interpretation of a legal text can be done partly	Construction of legal text has to be done as a whole.
Interpretation helps in determining the real meaning and intention of the legislature.	On the other hand, construction is used to ascertain the legal effect of the legal text.
Interpretation is used when the Court complies with simple meaning of the legal text.	Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not.
Interpretation has limited scope.	Construction has broad scope.
Interpretation does not include construction.	Construction may include interpretation.
Interpretation does not have any legal effect.	Construction has legal effect.
e.g. Literal rule.	e.g. golden rule, mischief rule.
Courts may interpret the statute.	Elected members are free to construe the statute.

 

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