What is Interpretation of Statutes?
Features of interpretation of statutes are as follows
1.INTRODUCTION
1.1. Difference between construction and interpretation
1.2. Concept and power of interpretation
1.2.1. Literal construction
1.2.2. Other principles of interpretation
1.3. General principles of interpretation
1.3.1. The Primary rule: literal construction
1.3.2. The other main principles of interpretation
1.3.3. Reading words in their context: the external aspect
1.3.4. Reading words in context: the statutory aspect
2.BENEFICIAL CONSTRUCTION
2.1. Restrictive construction
2.1.1. Consequence to be considered
2.1.2. Presumption against changes in the common law
2.1.3. Mens rea in statutory offences
2.2. Construction to prevent evasion of abuse
2.2.1. Consequence to prevent evasion
2.2.2. Construction to prevent abuse of powers
3.
3.1. Theoretical or ideological approaches to interpretation
3.2. Judicial restraint
3.3. Judicial activism
3.4. Juristic restraint
4.PRESUMPTIONS REGARDING JURISDICTION
4.1. Presumptions against ousting established jurisdictions
4.2. Presumptions against creating new, and enlarging established jurisdictions
4.3. How far statutes affect the crown
4.4. Further presumptions regarding jurisdiction
4.4.1. Territorial extent of British legislation
4.4.2. How far statutes conferring rights affect foreigners
4.4.3. Presumptions against a violation of international law
5.CONSTRUCTIVE TO AVOID COLLISION WITH OTHER PROVISIONS
5.1. Construction most agreeable to justice and reason
5.1.1. Presumption against intending what is inconvenient or unreasonable
5.1.2. Presumption against intending injustice or absurdity
5.1.3. Presumption against impairing obligation, or permitting advantage from one’s own wrong
5.1.4. Retrospective operation of statutes
5.2. EXCEPTIONAL CONSTRUCTION
5.2.1. Modification of the language to meet the intention
5.2.2. Equitable construction
5.2.3. Strict construction of penal laws
5.2.4. Statutes encroaching on rights or imposing burdens
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6.SUBORDINATE PRINCIPLES
6.1. Usage and contemporanea exposition
6.2. Construction imposed by statute
6.3. Construction of words in bonam partem
6.4. Change of language
6.5. Understanding associated words in a common sense, and the expressio unius rule
6.6. Generic words following more specific
6.7. Meaning of some particular expression
7.Intentions attributed to the legislature when it expresses none
7.1. Imperative and directory enactments
7.2. Absolute and qualified duties
7.3. Impossibility of compliance
7.4. Waiver
7.5. Public and private remedies
8.STARE DECISIS
8.1. The doctrine as inherited by us
8.2. Techniques of innovation (subversion) of stare decisions
8.3. Supreme Court’s authority to overrule its own decisions (e.g. The Antulay’s Case)
8.4. Advisory jurisdiction and its import on precedent
8.5. Prospective overruling in India
8.6. Objections to judicial review as anti majoritarian
9.STATUTORY INTERPRETATION AS ASPECTS OF JUDICIAL PROCESS
9.1. Rules of statutory interpretation their judge made character
9.2. Legalism and rule of literal interpretation
9.3. Creativity: mischief and golden rule with Bankruptcy and Insolvency Code.
9.4. Self discipline: rules of construction in Fiscal and Criminal Statutes
9.5. Technicality rules as to necessary and implied repeal: Rules for interpretation of codifying, consolidating and amending statute
9.6. Values and interpretation
10. CONSTITUTIONAL INTERPRETATION
10.1.Differentiation from statutory interpretation; Rex Vs. Burah as example
10.2.Literal interpretation
10.3.Harmonious construction
10.4.Reference to Constituent Assembly debates
10.5.Pith and Substance
10.6.Occupied field
10.7.Residuary power
10.8.Repugnancy
10.9.Amending power