Difference Between

Interpretation And Construction

March 12, 2021 by Law Corner

Table of Contents hide

1) INTRODUCTION
2) MEANING OF INTERPRETATION
3) MEANING OF CONSTRUCTION
4) KEY DIFFERENCES BETWEEN INTERPRETATION AND
CONSTRUCTION
5) RULES OF INTERPRETATION
5.1) 1. The Literal or Grammatical rule.
5.2) 2. The Mischief rule.
5.3) 3. The Golden rule.
5.4) 4. Harmonious Construction
6) CONCLUSION

INTRODUCTION
A statute is defined as the order or will of a legislature which is
conveyed through text. To understand the intention of a legislature, it
can be interpreted or construed. The intention of a legislature
contains the actual meaning and objective. This process of
interpretation and construction helps the judicial bodies to form the
meaning and purpose of the legislation.

MEANING OF
INTERPRETATION
The term interpretation has been derived from the Latin word
‘interpretari’ which means to understand, expound, explain and
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 translate. Interpretation is the procedure of explaining or translating
a text.

In simple terms, interpretation of a statute means understanding the

law. The aim of a court is to not just read law but to apply it in a
manner which suits case to case. Therefore, it is a process used by
courts to find out the actual implication of an act or document and
also its intention. Interpretation bridges the gap between the
enactment of a law and its translation.

The basis of interpretation is to clarify the meaning of the words

used in in-laws and statutes which might be ambiguous. There might
be irregularities in in-laws which need to be corrected and they can
be done by applying various theories of interpretations to see which
might go against the literal meanings of those laws.

MEANING OF CONSTRUCTION
Construction is the activity of translating the semantics of a legal
text into legal rules. In other words, it is the drawing of conclusions
from a subject which cannot be understood directly from the text.

In law, construction is the process of legal explanation which makes

sense of difficult and hard terms written in statutes and gives a
conclusion based on logic and reasoning. A court extracts findings
after inspecting the meaning of the words used in the text. The aim
of construction is to establish the legal effect of the legal text. The
basic principle of construction is to read the text, laws or statutes in
a literal manner.

KEY DIFFERENCES BETWEEN

INTERPRETATION AND CONSTRUCTION
1. Interpretation refers to the understanding of words and the true
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 sense of a legal text. Construction refers to the drawing of
conclusions of the legal text that lie beyond the direct expression of
the legal text.

2. Interpretation takes place when we want to find the original

meaning of a legal text. All other forms of constitutional analysis
come under construction.

3. Interpretation takes place when the meaning of the legal text is

clear and unambiguous so that it can be interpreted. Construction
takes place when the meaning of the text is unclear, ambiguous and
is challenged.

4. A court can only interpret a legal text. Elected officials are free to
construe the meaning of a legal text.

5. The main function of interpretation is to find out the simple and

real meaning of the legal text. When the use of the literal meaning of
the legal text creates ambiguity, construction helps to find out if the
case can be covered under it or not.

6. Interpretation deals with identifying the semantic meaning of a

particular use of language in context. Construction is when the
meaning is applied to particular factual circumstances.

7. Interpretation finds out the ways through which any statute can be
analysed. Construction tries to conclude it.

8. Through interpretation, one can find out the linguistic meaning in

the context of a legal text. Through construction, one can discover
the legal effect of the legal text.

9. Interpretation rules out ambiguity. Construction creates additional

rules to resolve the vagueness.
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 10. Interpretation can be regarded as a broad form of construction as
to how one construes a legal text. Construction is a method of
interpretation where the words are interpreted vigorously and
literally.

11. Interpretation of a legal text can be done partly but construction

has to be done as a whole.

RULES OF INTERPRETATION
1. The Literal or Grammatical rule.

According to literal rule, the words in a legal text are to be interpreted

in their natural or ordinary meaning. The basis of this rule is that
whatever the legislature intends while making any provision is
expressed through words and interpreted according to grammatical
rules. This is the safest rule for interpretation of statutes as the
intention of the legislature is concluded from the language and
words used in the legal text.

2. The Mischief rule.

Mischief rule first emerged in Heydon’s case in 1584. It is known as

mischief rule as it focuses on curing the mischief by providing a
remedy. This rule deals with purposive construction as according to
this rule, the most important thing is the purpose of the statute.

The following four things were held in Heydon’s case for the true
interpretation of all statutes in general –

1. What was the common law before the making of a particular

act?
2. What was the mischief for which the present statute or law was
enacted?
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 3. What remedy did the Judicial body sought?
4. What is the true reason for the remedy?

3. The Golden rule.

It is called the golden rule as it solves all problems related to

interpretation. The rule says that while interpreting a legal text, first
the literal rule will be followed. If the interpretation given by the literal
rule results in any kind of ambiguity, then for all further events the
literal rule shall be discarded and the interpretation shall be
continued in such a manner that fulfills the purpose of the legal text.

The literal rule interprets the natural meaning of a legal text but if the
natural meaning leads to any vagueness or repugnancy, then the
court must alter the meaning so that no injustice is caused. This rule
implies that the effects and consequences of an interpretation are of
importance as they are the signs of true meaning and intention of
words in any legal text.

4. Harmonious Construction

According to this rule of interpretation, if two or more provisions of

the same statute are contrary to each other, then in such cases the
court shall try to construe the provisions in such a manner that both
the provisions will be given effect and will exist harmoniously with
each other. The difficulty would lie in identifying if whether the two
provisions of the same statute are overlapping or not. The basic
principle of this rule is that the legislature should not contradict itself
and if it gives something by one hand, then it should not take
something away by the other.

CONCLUSION
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 Words used in legal texts aren’t always clear and comprehensible, be
it acts, statutes, provisions or in legal documents. Hence, courts aim
to determine the clear and explicit meanings of words and phrases
used in such legal texts. Interpretation precedes construction when it
comes to the explanation of a statute, act or any legal text. On one
hand, interpretation is about exploring the written legal text while on
the other hand; construction helps in determining the explanation of
the legal text along with its legal effects. Therefore, construction is
used in a broader sense.

REFERENCES

1. https://www.slideshare.net/bhattitejinder/difference-between-
construction-and-
interpretation#:~:text=Interpretation%20is%20the%20activity%20of
%20discerning%20the%20linguistic%20meaning%20in,content)%2
0of%20a%20legal%20text.&text=Interpretation%20is%20just%20a
%20broad,a%20statute%20or%20the%20constitution.

2. https://keydifferences.com/difference-between-interpretation-
and-construction.html

3. https://blog.ipleaders.in/rules-interpretation-statutes/

4. http://thelawnotes.com/difference-between-interpretation-and-
construction/

This article is authored by Malvika Verma, 4th Year BBA.LLB

Student at Sandip University.

Also Read – All About Interpretation Of Statutes

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