CT-2

English for Law and Interpretation of Statute

Course Code- 1103

Bangladesh University of Professionals

Name: Abdullah Faiaz

Roll no: 2042951059

Id no:20010432

Section: A

DEPARTMENT OF LAW
 Politics of Interpretation of Statutes
The age-old process of application of the enacted law has led to formulation of certain rules and
principles of interpretation. But there are politics behind formulation of those principles. The
principles often seem to be influenced by different schools of thoughts. Almost all of the general
principles of interpretation go under either positivism or naturalism. The schools of statutory
interpretation vary on what factors should be considered. The positivist schoolers support man made
law and they do not believe in the freedom of the judiciary rather they give more freedom to
legislature. They believe whatever is in the law should be followed strictly. Whereas the natural
groups of thought support divine sources of law. Natural law refers to the use of reason to analyze
human nature and deduce binding rules of moral behavior. Unlike positivist schoolers they believe in
the freedom of judiciary. And when the positivist schoolers support some principles, the naturalist
schoolers support other principles. That is why the principles of interpretation often contradicts with
one another. And the judges and lawyers often interpret according to the group they belong to.

Basic Principles of Interpretation of Statutes.

1. Intention of the legislature in the interpretation of Statutes:
This principle is known as the fundamental rule for interpretation. It means that the statute will be
interpreted or construed based on the intention of the legislature. If the words of the statute lead to
some sort of injustice or absurdity, the statute is to be construed considering the intention in which
the legislature passed it. But this intention of the legislature must be found in the statute. This
principle gives judges freedom through the process of interpretation. And the naturalist groups
support this principle.

Case references: SA Haroon v. Collector of Customs, 11 DLR (SC)200, Bangladesh vs MS Ispahani 40

DLR (AD)116, Khurshid Ali Chowdhury v. Sayed Ali 5 DLR 361, Ali Ekabbar v Bangladesh,26 DLR
394.

2. Statute if clear must be enforced:

The positivist schoolers are sympathetic to this principle. As the principle is about following the
law. The principle suggests that if the statute is not vague or ambiguous, it should be enforced
accordingly. There are standard instances of some words. Which words don’t generate difficulties
in meaning or ambiguity.
3. Statute must be read as a whole in its context:
To interpret statute, the whole context meaning the pari-materia, the scheme of the act or other
things which may be related to that statute needs to be considered. In this case external aids should
also be considered to interpret the statute if needs be.

4. Construction most agreeable to justice and reason:

This principle supports the naturalist groups. Because it gives freedom to the judiciary. If there are
more than one possible interpretation, the judge should consider which interpretation will best
ensure justice. And the judge will construe it using reason. Although different groups define justice
differently.

5. Construction to avoid absurdity and failure of intention:

This principle is consistent with the naturalist schoolers’ opinion. This principle is kind of similar to
Golden rule, which allows judges to apply a secondary meaning or to add or change
the meaning of statutes. If more than one interpretation is possible, the court will construct in a
way which avoids absurdity and failure of intention. Adler vs. George (1965).
And if it turns out that absurdity and failure of intention can’t be avoided, in that case, the provision
should be made null and void. (Tinsukia Electric Supply Company Ltd vs Assam, AIR 1990)

6. Construction to make law effective and avoid

unconstitutionality:
If a law goes against the constitution the judge will try to interpret the law in another way so that
the interpretation of the law be sort of consistent with the constitution. This principle prevents the
excessive use of the power of making laws unconstitutional.

7. Construction to accord with policy or object of statute:

The judge should construct statute in a way that the real purpose behind the enactment is served
and the construction be consistent with the policies of statute. To do so the judge has to find out the
state of law before the passing of the Act, mischief or defect for which law had not provided, what
remedy parliament has appointed and the reason of the remedy (Nazir Hussain vs. State, 17 DLR).
8. Principles derived from legal policy:
1.Construction of Bonam Partem :

“Bonam Partem" means that words used in the statute are to be taken in their lawful sense. That
means court will interpret what is legitimate and recognized by the law.

2.Law aids the vigilant:

It means the law comes to the assistance of those who are vigilant with their rights, and not
those who sleep on their rights.

3.Presumption of justness

4.Maintenance of morality

5.Human rights

6.Consideration of state security

7.Law should be certain and predictable

8.Presumption against circumventing(evasion)