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 meaning, scope and objective of construction of statute.
Meaning,
Scope and objective of construction of statutes:
Meaning:
Rules of
construction or statutory construction is the process of determining how the
provisions of the general law relate to a specific legal case, and
distinguishes the rules of statutory interpretation from other rules or aids
for the interpretation of law in common law jurisdictions. Rules of
construction has also been defined as "the drawing in inference by the act
of reason, as to the intent of an instrument, from given circumstances, upon
principles deduced from men's general motives, conduct and action. Statutory
construction is the process of determining what a particular statute means so
that a court may apply it accurately.
Objective
and Scope of Construction:
A judge
usually makes a construction of an unclear term in a document at issue in a
case that involves a dispute as to its legal significance. The judge examines
the circumstances surrounding the provision, laws, other writings, verbal
agreements dealing with the same subject matter, and the probable purpose of
the unclear phrase in order to conclude the proper meaning of such words. Once
the judge has done so, the court will enforce the words as construed. However,
for language that is plain and clear, there cannot be a construction.
A regular pattern
of decisions concerning the application of a particular provision of a statute
is a rule of construction that governs how the text is to be applied in similar
cases. In the construction of the statutes, words and phrases shall be
construed according to the commonly approved usage of the language; and
technical words and phrases, and such as have acquired a peculiar and
appropriate meaning in the law, shall be construed and understood accordingly.
Construction
refers to the drawing of conclusions of the legal text that lie beyond the
direct expression of the legal text. All other forms of constitutional and
statutory analysis come under construction. Construction takes place when the
meaning of the text is unclear, ambiguous and is challenged. 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. Golden rule, Rule of
harmonious construction and mischief rule are the main principles of
construction.
Construction
is when the meaning is applied to particular factual circumstances. Construction
tries to conclude it. Through construction, one can discover the legal effect
of the legal text. Construction creates additional rules to resolve the
vagueness. Construction is a method of interpretation where the words are
interpreted vigorously and literally. Construction of legal text has to be done
as a whole.
On the
other hand, construction is used to ascertain the legal effect 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. Construction has broad scope. Construction may include
interpretation. Construction has legal effect.
Conclusion:
In law,
construction is the process of legal explanation which makes sense of difficult
and hard terms written in statutes and gives a conclusion based on logic and
reasoning. A court extracts findings after inspecting the meaning of the words
used in the text. The aim of construction is to establish the legal effect of
the legal text. The basic principle of construction is to read the text, laws
or statutes in a literal manner.
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