ISIELT (Law 108)

Lecture-8.2
Interpretation of Statutes:
Constitutional Rules of Interpretation
Suggested Readings
 The Constitution of the People’s Republic of
Bangladesh
 Mahmudul Islam, Interpretation of Statutes and
Documents, (Dhaka: Mollick Brothers, 2009), pp. 9-
17.
Synopsis
 Introduction
 Constitutional assumptions in statutory interpretation
Introduction
Introduction to lawmaking in Bangladesh
 Three organs of the Government
 All the three makes laws
 Supreme lawmaker is the Parliament
 The Executive and the Judiciary are subsidiary
lawmakers.

However, all the lawmaking powers of these organs are

LIMITED by the Supreme Law of the country- the
Constitution of the People’s Republic of Bangladesh.
This is called the Supremacy of the Constitution.
Constitutional Assumptions
Constitutional Assumptions

There are a number of assumptions (accepted truth)

derived from the principle of constitutional supremacy,
which are to be kept in mind when law courts interpret
a statute or any other legislation.
Assumptions
Assumption-1: Constitutional supremacy over
other laws
“7. (1) All powers in the Republic belong to the people,
and their exercise on behalf of the people shall be
effected only under, and by the authority of, this
Constitution.

(2) This Constitution is, as the solemn expression of

the will of the people, the supreme law of the
Republic, and if any other law is inconsistent with this
Constitution that other law shall, to the extent of the
inconsistency, be void.”
The law courts are required to construe/interpret the
Assumptions
Assumption-1 (cont’d.)
Accordingly,
 Constitutionally valid interpretation will be adopted
and invalid ones will be avoided;
 If needed, the court may “read down” a law to fit it
within the scope of the constitutional competency of
the Parliament.
Assumption-2: The courts will enforce a law made by
the Parliament if the form and procedure of the law are
in accordance with the Constitution.
Assumptio-3: The law court will enforce and thereby
save a law made by the Parliament subject to the
condition that it must be well communicated and
available to its audience according to the accepted
standards. Otherwise (meaning to say, if the law vague
and indefinite), the court may not enforce it because
that will go against the Constitution, in particular
Article 31.
Assumption-3 (cont’d.)
Article 31. “To enjoy the protection of the law, and to be
treated in accordance with law, and only in accordance
with law, is the inalienable right of every citizen,
wherever he may be, and of every other person for the
time being within Bangladesh, and in particular no
action detrimental to the life, liberty, body,
reputation or property of any person shall be taken
except in accordance with law.”
Here “in accordance with law” means in accordance
with the Constitution. This is known as the
Principle of due process of law.
Conclusion
The court shall interpret law taking into count the
intention or will of the Parliament/lawmaker
But if that intent conflicts with the Constitution, the
latter shall prevail and, therefore, the court shall give
effect to the Constitution and NOT to the law. And that
case, the pronouncement of the Supreme Court will be
considered to be law of the country and the law made
by the Parliament will not take effect regardless of
whatever intent it (Parliament) may have (Article 111
of the Constitution).
 Thank you