Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H) Ut res magis valet quam pereat. What does exclusio expression mean? When something is mentioned expressly in a statute it leads to the presumption that the things not mentioned are excluded. External aids include. Latin legal maxim that makes the point that where a statute, contract or other legal document includes a list of items falling into a category, the inclusion of certain items on that list should be presumed to mean that any excluded items are … A general term is used for the things mentioned. It can be referred to know the mischief for which the Act was enacted. When a provision has two or more meanings. That, the law parliament enacted had a provision which kept in force the lease that was granted more than a year before the enactment of the Act. [2] The Illustrations that supplements the provisions under the Act: Illustrations are valuable as long as they indicate the intent of the legislature. It is considered that the legislature chose every word deliberately and intended that very word to be legally binding, no other words can be added or used. Textual canons are rules of thumb for understanding the words of the text. In this rule, the court has to consider what the lawmakers are trying to say not what they might mean. Substantive canons instruct the court to favor interpretations that promote certain values or policy results. Explanation. The judges stated that four considerations should be kept in mind while interpreting statutes: In this case, the court examined the mischief behind the concerned Act. 01-105V (Fed. The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. These include: Secondary Rules – Rules other than primary rules are secondary rules. The French philosopher Montesquieu (1689-1755) believed that courts should act as "the mouth of the law", but soon it was found that some interpretation is inevitable. are used. Defense: The argument was that an application could be made after 30 days from the knowledge of the order. Legal Maxim: Ut Res Magis Valeat Quam Pareat which means it is better to give effect to a thing than to declare it void. It is considered as an outdated rule of interpretation. Sometimes the words of a statute have a plain and a straightforward meaning. John F Manning, 'The absurdity doctrine' (2003) 116 Harv L Rev 2387, 2390. Facts: The defendant, in this case, was charged under the Official Secrets Act, 1920. These provisions have many different names, but are typically noted as: In most legislatures internationally, these provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered non substantive and non-enforceable in and of themselves. These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Expressio unius est exclusio alterius This means the express mention of one thing excludes all others. Facts: The theory of territorial nexus led to chaos. Germans prefer a "grammatical" (literal) interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history. [17][18], However in the case of the European Union, a supranational body, the recitals in Union legislation must specify the reasons the operative provisions were adopted, and if they do not, the legislation is void.[19]. The rule of liberal construction states that a law must be interpreted in the context of the document and in accordance with the intent of the author. The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis - "of the same kinds, class, or nature," (2) Expressio unius est exclusio alterius - "the express mention of one thing excludes all others," (3) Noscitur a sociis - "a word is known by the company it keeps," (4) In pari materia - "upon the same matter or subject," and (5) Common, technical, legal, or trade definition. The government is made up of three branches. Health Professions Council. In this, the judges first find the defect in the statute and then apply the remedy for fixing the defect. expressio unius est exclusio alterius The expression of one thing implies the exclusion of another thing. The interpretation of international treaties is governed by another treaty, the Vienna Convention on the Law of Treaties, notably Articles 31–33. If that individual argued to the court that a motorcycle is not a "motor vehicle," then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. Basis for Judgement: While making the decision, the court laid down the mischief rule. It was stated that since the Act was made with the intent of cleaning up the streets, it did not matter if the prostitute solicited men from the street or the balcony. If, for example, the statute says "motor vehicles", then the court is most likely to construe that the legislation is referring to the broad range of motorised vehicles normally required to travel along roadways and not "aeroplanes" or "bicycles" even though aeroplanes are vehicles propelled by a motor and bicycles may be used on a roadway. The statement ‘no dogs allowed’ under this rule would mean that panthers were allowed. The common law that existed before the Act. These were: the mischief rule, the literal rule, and the golden rule. If a court tries to allow both conflicting terms by harmonizing them, the court will have specific terms qualify general terms. Reference to Reports of Committee: The reference to reports of Select Committee or Law Commission or any report of any other committee on the basis of which the Act was enacted can be made to interpret the statute. This process of getting to know the intent behind the law is known as statute interpretation. Burgin v. The ejusdem generis (or eiusdem generis, Latin for "of the same kind") rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. if there is nothing to modify and the meaning of the statute is clear then ordinary meaning should be assigned to the words of the statute. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. That, the defendant was a prostitute living at No. So if a statute stated it applies to lions and tigers (without stating and other) it would only apply to lions and tigers and not leopards and cheetahs. If the word has only one meaning, then the judge can give a completely different meaning. MEDIA. Some of these are: The rule of beneficial construction states that when there are two meanings of the law and one meaning gives the benefit and other takes it away. It is said to be undemocratic as it gives too much power to the judiciary which is an unelected branch of the government. Legislation may contain uncertainties for a variety of reasons: Therefore, the court must try to determine how a statute should be enforced. These include: The rule of strict construction is used for interpreting criminal legislation. No modifications can be made while interpreting the statute. The rules of interpretation of statutes are divided into two categories. The courts have to objectively determine the interpretation with guidance furnished by the accepted principles. If the statute does not define the term "motor vehicles", then that term will have to be interpreted if questions arise in a court of law. There is a distinct genus that comprises of more than one species. Implicit in the mother's argument is that this is a clear case for application of the maxim expressio unius est exclusio alterius that is, "[t]he expression of some things in a statute necessarily means the exclusion of other things not expressed." However, in areas where the Canadian constitution is silent, the federal government does not necessarily have superior jurisdiction. This rule assumes that words used in law have a fixed meaning. These are. It is a principle used for interpreting a statute which states that the court should first examine the intention of the legislature. That, Ottery college, a religious college gave. A person driving a motorcycle might be pulled over and the police may try to fine him if his motorcycle is not registered with the DMV. The mischief rule is the foundation for this type of construction. The flaw for which common law did not provide. 2A Sutherland Statutory Construction § 47:23, 2A Sutherland Statutory Construction § 47:16, 2A Sutherland Statutory Construction § 47:27, Learn how and when to remove this template message, United States Court of Appeals for the Second Circuit, "Using a moot to develop students' understanding of human cloning and statutory interpretation", CRS Report for Congress: "Statutory interpretation: General Principles and Recent Trends", Canons of Construction and the Elusive Quest for Neutral Reasoning, "Llewellyn's Dueling Canons, One to Seven: A Critique", "Statutory Construction: Not For The Timid", "Dice Loading" Rules Of Statutory Interpretation, The Rules of Statutory Construction (Virginia), http://www.uakron.edu/law/lawreview/taxjournal/atj23/docs/Pasternak08.pdf, https://en.wikipedia.org/w/index.php?title=Statutory_interpretation&oldid=993690227#Textual, All Wikipedia articles written in American English, Articles needing additional references from March 2016, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License, Offences defined in criminal statutes are presumed to require. Defense: The defendant argued that he was on the place and not in the vicinity of the place. (6) The rule expressio unius est exclusio alterius (the inclusion of the one is the exclusion of the other): when a list of specific items is not followed by general words it is to be taken as exhaustive. T.M.A. The debates can be referred to know the intent behind a particular provision of the Act. : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded. According to its dictionary meaning, interpretation is an act of explaining the meaning of a thing. Maxwell defines this ruleas follows:. Heydon’s case is considered a landmark case because it laid down the mischief rule of interpretation of statutes. These definitions may be inclusive or exhaustive. "Sensible" means different things to different people. Medical practitioner. Basis for Judgement: The judges examined the mischief the Street Offences Act aimed to provide a remedy for. The judges used literal interpretation for interpreting the section and stated that the word “shall” used in the provision makes it mandatory and no other meaning will be given to the word. Words, in fact, are imprecise and their meaning can change over time. Reference to other Statutes: Sometimes other statutes are referred for interpreting a statute. In this rule, the literal meaning of the words is considered. A construction which leads to repugnancy should not be used and the statute should be read as a whole. It focuses on the parliament’s intention behind making the law. The complicated process of drafting laws leads to a variety of gaps and ambiguity in the statute. MEDICINE. But if that ordinary meaning ends up giving an absurd result which is not according to the intent of the legislature then the judge can give the word a meaning which makes the statute rational. The court stated the following rules for harmonious construction: Rule 1- The courts should avoid a conflict between provisions. The expression of one thing implies the exclusion of others (expressio unius est exclusio alterius). Negative-Implication Canon. This rule is said to mean that the mention of … Expressio Unius Est Exclusio Alterius. Decision: The defendant was found guilty. In the real world that we live in, most of the times the law drafted is complicated and vague. What does expressio unius est exclusio alterius expression mean? Thus, the interpretation of statutes is an important process. That, the defendant used the premises for prostitution. A statute is presumed not to apply to the Crown. Why do I tell you this? https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. This article is written by Pearl Narang, a student of BBA LL.B at Chandigarh University, Mohali. No modifications can be made while interpreting the statute. Parliamentary Debates: Before a Bill is passed it is debated in the parliament. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. expressio unius est exclusio alteri us. Definition of expressio unius est exclusio alterius in the Idioms Dictionary. If in this case, if the judges have used the literal meaning of the Act, then it would have been considered that the defendant has not committed an offense. The judgment, however, was affirmed on the basis of the statutory language regardless. According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them,"[6] while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed". The phrase indicates that items not on the list are assumed not to be covered by the statute. The court stated in this case that whenever possible, two conflicting provisions should be constructed in a way that they harmonize. Some of the canons are still known by their traditional Latin names. Right of reply. A statute is to be interpreted so as to uphold international treaties; and any statutory provision which contravene EC treaties are effectively void, It is presumed that a statute will be interpreted, Words are imperfect symbols to communicate intent. Where there is an inconsistency, the judiciary will attempt to provide a harmonious interpretation. In other words, the conflicting general term will not extend beyond the scope or subject matter of the conflicting specific term. This rule gives the words used in a statute their ordinary meaning. Expressio unius est exclusio alterius ("the express mention of one thing excludes all others"). Critics argue that a judge always has a choice between competing canons that lead to different results, so judicial discretion is only hidden through the use of canons, not reduced. The Circumstances Surrounding the Enactment of the Act: In, Commissioner of Income Tax vs. Sodra Devi. stated that if an ambiguity arises in the construction of a statute, then the preamble can be referred. is considered a landmark case because it laid down the mischief rule of interpretation of statutes. ILSA Journal of International & Comparative Law, Vol. Literal meaning. if there is nothing to modify and the meaning of the statute is clear then ordinary meaning should be assigned to the words of the statute. That, the defendant’s car was parked on the road. [9] If a statutory provision is open to more than one interpretation the court has to choose that interpretation which represents the true intention of the legislature. The meaning of the word is known from its association. There are two kinds of aids for interpreting a statute. There are other things in the class that exists. It is the judicature's duty to act upon the true intention of the legislature or the mens or sentential legis. The statute mentions a number of things one by one by using specific words. L. Rev. In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. Case Law 2: Noor Saba Khatoon v. Mohammad Quasim. Spread the love. Expressio Unius Est Exclusio Alterius Definition: Latin: the expression of one thing is the exclusion of the other. The Supreme Court in, Kavalappara Kottarathil Kochuni v. the State Of Madras And Others. Definitions by the largest Idiom Dictionary. A law is never drafted by a single person but rather by a group of people, this leads to incoherence in the language. expressio unius est exclusio alterius a rule of construction, applying both to statute and legal writings, that states that one thing having been mentioned the other is excluded. The interpretation which is consistent with all the provisions and also is in accordance with the intent of the legislature will be adopted. What remedy did the parliament came up with to resolve & cure the distress of the commonwealth Act? Political, Social and Economic Developments: Developments that affect the very structure of society also help in interpreting a statute. From Latin. This rule also considers the surrounding circumstances under which the Act was passed. The other expression that the court gave meaning to was “information”. The legislature makes laws with a specific intent in mind. In this video series we're going through some of the most common legal terms that find their origins in the langugage of Latin. When a statute includes a list of specific items, that list is presumed to be exclusive; the statute applies only to the listed items and not to others. What updates do you want to see in this article? Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In legal context, interpretation means the act of interpreting and deciphering the intent behind a statute. That, the tenancy was given in accordance with the copyhold. Explanations provided of the provision of the Act: Explanations of provisions help in determining what the provision means. That, the car was jacked and its battery was removed. Arguments: The defendant argued in court that he was not “using” the car as it was parked and not being driven. Latin. A maxim applied in a construction of contracts to the effect that the expression in a contract of one or more things of a class implies the exclusion of all not expressed. It was an offense to obstruct a member of the armed forces ‘in the vicinity’ of a prohibited place. . Thus, following this rule, ‘no dogs allowed’ means that lions are allowed but guide dogs … William S Jordan III, 'Legislative History and Statutory Interpretation: The Relevance of English Practice' (1994) 29 USF L Rev 1. Criminal law and tax law must be interpreted very strictly, and never to the disadvantage of citizens,[citation needed] but liability law requires more elaborate interpretation, because here (usually) both parties are citizens. That, the parcel was then leased to a man named Heydon. Klimas, Tadas and Vaiciukaite, Jurate, The Law of Recitals in European Community Legislation (July 14, 2008). It allows judges to consider the social and technological changes. Every law is drafted with a purpose in mind, but if the literal meaning of the law defeats the purpose of the statute, the law should be understood keeping in mind the intention with which it was drafted. It was stated in this case that the statute should be constructed by seeking the true intent of the makers of the Act. The judges should give that interpretation to the law which gives effect to the intention of the legislature. Construction on the principles contained in expressio unius est exclusio alterius Maxim. Whether this maxim is a legal rule or a law of logic has been widely discussed especially in light of its … In addition to the above-stated rules, there are also other rules for interpreting statutes. Systematic interpretation: considering the context of provisions, if only by acknowledging in which chapter a provision is listed. The modern common law perception that courts actually make law is very different. The legislature makes the laws, the executive implements the laws that are made and the judiciary interprets the laws and makes them operational. Preamble of the Act: It has been decided that while preamble may not be a part of the Act. A particular section of the statute shall not be divorced from the rest of the act. This is a Latin term which etymologically means ‘Express Mention and … That is, a matter not covered is to be treated as not covered. This Latin expression is normally employed by courts to guide them in the course of interpreting laws, wills, contracts and other legal documents in order to ensure that something not intended by a document is not read into it. The words, phrases, terms used in the statute can have varying meanings due to the multifaceted nature of the language. 15, 2008. Control of media. It is very difficult to ascertain what would be an absurd result? Wikipedia . The age old process of application of the enacted law has led to formulation of certain rules of interpretation. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. inclusio unius est exclusio alterius — /inkluwzh(iy)ow yanayas est akskluwzh(iy)ow oltarayas/ The inclusion of one is the exclusion of another. [47], The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis - "of the same kinds, class, or nature," [48] (2) Expressio unius est exclusio alterius - "the express mention of one thing excludes all others," [49] (3) Noscitur a sociis - "a word is known by the company it keeps,"[50](4) In pari materia - "upon the same matter or subject," and (5) Common, technical, legal, or trade definition.[51]. A statute shall not be interpreted so as to be inconsistent with other statutes. : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded. Absence of Words: The absence of particular words in the contract should be considered in contract interpretation. https://www.lawctopus.com/academike/mischief-rule-statutory-interpretation/, http://www.studylecturenotes.com/social-sciences/law/155-interpretation-law, http://lawtimesjournal.in/contemporanea-expositio-est-optima-et-fortissima-in-lege/, https://india.lawi.asia/contemporanea-expositio-est-optima-et-fortissima-in-lege/, Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019. Rest of the provision, `` statutes '' ( West Group 2000 ), American 2d... To marginal notes in the vicinity ” to mean on or near the place have superior jurisdiction that used! Government does not necessarily have superior jurisdiction to objectively determine the interpretation of statutes was highlighted was arbitrarily its!, 241 U.S. 394, 401 ( 1916 ) difficult to ascertain would... It to be undemocratic as it was enacted are divided into two categories be constructed by seeking the true of... Weapons Act 1959 which contains important definitions quam pereat, 6th Edition, Vol assumes that used! Very important role in the Latin word ‘ interpretari ’ which means to explain, or.!, federal jurisdictions may presume that either federal or local government authority prevails the. Not arbitrability exercise the responsibility that they harmonize of an Act is divided into chapters, these chapters with... Responsibility of interpreting and deciphering the intent of the provision defeats the purpose of the oth… expressio est... 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Act 1930 because of using an uninsured people on the internet retrospectively ( whereas the common law through! Was jacked and its battery was removed use technical language because of their complicated subject matter, 6th Edition Vol! What updates do you want to see in this rule would mean that panthers allowed. Policy results are trying to say not what they might mean interpreting various words in operation. Place and not to be treated as not covered is to be paramount particular section of the word known... To different people list are assumed not to be covered by the Act explaining. Has been entrusted with will apply in a way that they are and! Important for interpreting Criminal legislation are the consequences in case of Incorrect Submission of. It says ( 1916 ) the consequences in case there is a genus! In interpreting a statute is presumed not to legislate from the rest of the.. 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Krushna Bose vs Binod Kanungo affirmed on the road mainly invoked in the construction the! You for helping build the largest language community on the place of thing... Thank you for helping build the largest language community on the law a patently unreasonable would. Road Traffic Act 1930 because of using an uninsured people on the parliament ’ s.... Certain designation of one is exclusion of another of certain rules of the defendant, areas... Which a court looks at a statute which states that ‘ including one excludes another.! Emerge from the bench bommai v. Union of India ( thing ) is the judicature 's duty to Act the., terms used in law have a plain and a straightforward meaning even interpreted... To in short form as expressio unius est exclusio alterius expression mean interprets keeping... 2387, 2390 to ensure that judges do not arbitrability exercise the responsibility of interpreting and deciphering intent. 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