Question: What Is The Main Objective Of The Court When It Interprets A Statute?

What is the rule of strict construction?

The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant..

What is interpretation function?

The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear. According to Salmond, “Interpretation” is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.

When a court interprets the meaning of a statute what is the responsibility of the court?

Everyday working of the courts involves interpretation of statutes because it is the duty of the judiciary to act according to the true intention of the legislature. So statutes are to be interpreted to enforce the law and also to avoid miscarriage of justice.

What is the object of interpretation of statutes?

The main objective of the interpretation of statutes is to determine the intention of the legislature where the meanings of the words are expressly or impliedly mentioned.

How do you break down a statute into elements?

When attempting to break down a statute, with the express purpose of dissecting it, you must divide it according to its “statutory elements.” These elements represent the specified portions of a statute that must occur or be completed in order for a statute to be applicable.

What are the basic principle of interpretation?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be …

What is the importance of statute?

Statute law or Legislation is an important source of law in South Africa. They are the written laws as set out by the parliament and provincial legislatures (competent authorities) and form the basis on which the law of South Africa is founded.

What are the rules of interpretation of statutes?

The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.

What process does a court follow to ascertain meaning?

4 The process of ascertainment The process of ascertainment of a legal system entails “the determination of the conditions in which its rules can be identified and applied in legal proceedings”. [31] Ascertaining customary law engages processes that contribute to how the court determines and applies customary law.

What are the three rules of interpretation?

There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach. Each rule will be looked at individually with case examples.

What is the golden rule of interpretation?

It is the modification of the literal rule of interpretation. The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. … In view of the same, the grammatical meaning of such words is usually modified.