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Thursday, August 19, 2010

INTERPRETATION


INTERPRETATION

Defination:  (Interpretation) “Interpretation” means to give meaning to. According to D.D.Basu ‘interpretation means the ascertainment of the true meaning of that which is expressed by the words used’.
So interpretation is a process of mathord by which we can often the actual meaning of any law from the words used in that law.
(Construction) “construction” is a mathord or is a process by which we can often the true meaning any law not only from the words contained in that law but also taking outside help.
Construction is the drawing of conclusions respecting subjects that lia beyon the direct expression of the text.
Conclusion which are in the spirit though not within the tetter of the law. ( Refrance Bouvier Law Dictionary).


(i)                  Supreme law/ supreme legislation-----> Constitutional law.
(ii)                Legislation-----> Act/ Ordinance.
(iii)               Delegated legislation-----> Rule/ Regulation.
                                                                               Bey – laws.



Which the authorities of law?
General rules; Applicable to all types of law special rules; Appcable to constitution law only in true interpretation means within; to give, indeed duty of the legislation ends where any law is enacted and it acquries the shape of statute. After the legislation, A statue comes in the had of the those to interpret laws who are concerned with that laws and apply the according. If there is any conflict as to the actual meaning of any law, that conflict is to be settled is to be solved by the court what the court specially the high court says is final and binding upon all authorities concerned untill changes it parliament charges it.
(i)                  Primary authorities.
(ii)                Final authorities.
Rules of interpretation of law?
(a)    Special rules: Applicable to constitutional law only.
(b)   General rules: Applicable to all types of law. Types of general rules-
(i)                  Litteral rules of interpretation or grammatical interpretation.
(ii)                Golden rule of interpretation or local interpretation.
(iii)               Harmonies construction of the provision of  law. ( Friest of those rules are applied when the meaning of the laguages of any law is plain and simple).
(iv)              Mischief rules of interpretation.

Special rules: Generaly there are 3 important special rules for interpretetion of constitution law. This are:
(1)    The Doctrine Liberal Interpretation.
(2)    The Doctirne of Generic Interpretation or the Doctrine of Progressive Interpretation.
(3)    The Doctrine of Historical Interpretation.

Disscation:
(1)    Literal rules: According to this rule, it is to be assumed that the words and phrases of technical law are used in their technical meaning if they have acquired one, and other rise in their ordinery meaning. ( ADR vs Comissioner of Incometax).
(2)    Golden tules of Interpretation: This rule is also called lagical Interpretation. This rules is applied when to similar meanings are open. According to this rules, when two similar meanings are open, the court may adopt the more logical of the two. Lord Wensleydle for the first time called it the Golden rule and adopted it in Guay vs Pearson. According to Golden rule of Interpretation, when two similer meaning are found as result of interpretation in such chase the more logical meaning is to be accepted. According to this rule that is more logical which is less hurmfull and more useful. Fore example parliament passed law, giving power to the government to acquirs any land of property in public interest. Without any reference as to with compensation or without compansation. But the lander challenged the action of the govt in a court of law. And claimed compansation. But the government party argued that government is not bound to give compansation. Because of having no referance of compensation. But the court applied logical interpretation direction the government to pay compersation to the lander.
(3)    Harmonious construction of the provision of law: It is a settle principle or interpretation of laws that the verious provisions of any law are to be interpreted Harmoniously state of Tamilnadu vs M.K. Kandaswami ( ALR 1975 SC 1871). Another general pronciple is that various provisions of ragarding particular subject any law must be considered alone. It is the duty of the court to go to the whole instrument if neceassary to ascertive the to often the true meaning any particuler provision. For example as per Article 95 of the bangladesh constitution the prosident shall appoint the judges of the suprime court in Article 95 there exists no reference of taking abvice of the priminister. But in Article 48 of the bangladesh constitution it is mention that president shall exercise all of his function except appointment priminister and chief Justice as per advice of the priminister. According to Harmonies Interpretation if we construc Article 95 are must consider the both that is article 95 and 48.
(4)    Mischief rule of Interpretation: This ruel take its origin from Heydons case in 1584. This rule is applied when the words  of law any law are not capable to produce any enact  meaning. However this rule considers the following contents in construing an enactment:

(i)                  What was the common law before making the enactment;
(ii)                What was the Mischief and defect for which previous law was repled;
(iii)               What remedy the preliament has resolved;
(iv)              Then the judges are to make such construction as shall suppress the Mischief; and advance the remedy according to the true intent of the meders of the enactment, pro bono publico.

The doctrine:
(1)    Liberal Interpretation: No constitution enactment is to be interpreted in any narrow and padentic sense ( Jamps vs Common Wealth of Autralia).
(2)    The doctrine of Generic Interpretation: All constitutional provisions should be Interpreted to meet and cover the changing conditions of Socio economic life ( Mc Culloch vs Maryland). This doctrine is also called known as the doctrine of Progressive Interpretation.
(3)    The doctrine of Historical Interpretation: This doctrine is opposite to Generic Interpretation. According to Historical Interpretation a constitution does not mean one thing at one time and another subsequently. It must be Interpreted as it was understood at the time of its adoption ( Dred  Scott vs Sanford). 


Lecturer_ Hasan Talukder Sir

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