Equality before Law and Equal Protection of Law
|Interpretation of Statutes|
|Written by Hanumant's Law Journal|
|Tuesday, 08 September 2009 01:41|
Interpretation of Statutes
Unit 4 - Rules of Statutory Interpretation
Q. 1 Discuss the rules of statutory interpretation with the help of decided cases. Explain - Literal Rule, Mischief Rule (aka Rule in Haydon's care), Golden Rule, Rule of Harmonious Construction, Noscitur a sociis, Ejusdem generis, Reddendo singul singuis. State the circumstances when these rules are applied by the courts.
Unit 5 - Presumptions in Statutory Interpretation
Q. 2 How is the terrestrial operation of a statute decided?
Q. 3 Discuss the presumption as to jurisdiction of a statute. Can the jurisdiction of Supreme court or High Court be affected by a statue?
Q. 4 What do you understand by retrospective operation of a statute? Whether the legislature is empowered to enact a law with retrospective effect?
Unit 6 - Maxims of Statutory Interpretation
Q. 5 Explain - Generalia specialibus non derogant, utres magis valeat quam pereat, expression facit cessare tacitum
Unit 7 - Interpretation with reference to subject matter and purpose
Q. 6 What do you understand by beneficial construction? Explain the statement, "Beneficial construction is a tendency rather than a rule". What do you understand by strict interpretation? Discuss the rules of interpretation for Fiscal Statutes/Taxing Statutes, Penal Statutes, Enabling Statutes, and Welfare Legislation. Explain why should a taxing statute be strictly constructed? If there is an ambiguity in a word in a penal statute, what interpretation should be given and why?
Q. 7 Explain the contribution of Mandatory and Directory enactments in interpretation of statues. What principles would you follow in order to ascertain whether a provision on an enactment is mandatory or directory.
Unit 8 - Principles of Constitutional Interpretation
Q. 8 Discuss the principles of Constitutional Interpretation in detail. Explain, "In the interpretation of constitution, the judicial approach should be dynamic than static, pragmatic than pedantic, and elastic than rigid". Describe - Harmonious Construction, Doctrine of Pith and Substance, Colourable Legislation, Proviso, Doctrine of Eclipse, Principle of separation. What is the proper function of a proviso? Can it affect the enacting portion of a section as well?
Q. 9 Difference between Interpretation and Construction, Amendment, and Repeal
|Last Updated on Tuesday, 08 September 2009 16:35|