CT-2

English for Law and Interpretation of Statute

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 Politics of Interpretation of Statutes
There are many principles of interpretation of statute. These principles help to interpret the statute if
necessary. But these principles are not always consistent to each other. Rather they are often
contradictory. Because they are influenced by different groups who have different ideas and
thoughts. So, as there are politics behind these principles, the principles are different and
contradictory. There are mainly two groups of thought. Positivist groups and naturalist groups.
Positivist groups believe in the freedom of the legislature. They think law is always right. And they do
not give judges much power to interpret. On the other hand, the naturalist group support divine
sources of law. They give priority to morality. They believe that the judges should be given much
power to interpret law. And judges will interpret law using morality, rationality and reasoning. As the
ideas of these two groups are different, the principles are also different. Because these principles
are also influenced by these two groups. This is the politics behind the principles of interpretation.
And this is why these principles are contradictory.

1. Intention of the legislature in the interpretation of Statutes:

This principle means that the judge will interpret law based on the intention of the legislature. If the
words of statute cause absurdity, the court will try to find out on what intention the law was
passed. And interpret the statute in such a way that the intention is given priority and absurdity is
avoided. But that does not mean that the court will create the law rather it will expound.

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 positivists support this principle. As the principle is about following the law. The principle
means that if the statute is not ambiguous, it should be enforced. There are standard instances of
some words. Which words don’t generate difficulties in meaning.
3. Statute must be read as a whole in its context:
When the language of the statute is plain and unambiguous, court must give effect to words used in
the statute irrespective of consequences. And it would not be open to the court to adopt a
hypothetical construction. And the court cannot cut down the plain words so as to limit the
application of the statute.

4. Construction most agreeable to justice and reason:

The naturalists support this principle. It means the meaning of a provision of statute should be
understood in a sense in which it becomes similar to the object of the statute. If there are more than
one possible interpretation, the judge will interpret it in a way that it is consistent with reason,
justice and legal policy.

5. Construction to avoid absurdity and failure of intention:

If two interpretation is possible, the court choose the interpretation which avoids absurdity. So that
the court can avoid the absurdity and failure of intention.

6. Construction to make law effective and avoid

unconstitutionality:
The principle means when a law is unconstitutional if literally interpreted then the judge will try to
interpret it in a different way in order to not declare it unconstitutional and let the law be valid and
effective.
7. Construction to accord with policy or object of statute:
To arrive at the real purpose behind the enactment it is necessary to get an exact conception of the
aim, scope and object of the whole Act and to consider- the state of law before the passing of the
Act, the 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:

A principle of statutory interpretation derives from the wider policy of law. The elements of legal
policy include parliamentary enactment, past judgement, ideas of natural law and the writings of
jurists.

1.Construction of Bonam Partem :

2.Law aids the vigilant:

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)