ISIELT (Law 108)

Lecture-7.2
Interpretation of Statutes
Synopsis
 Conceptual debate- Interpretation and Construction
 Needs for Statutory Interpretation
 Status of the Rules of Interpretation
 Role of Judges in Interpretation
Readings
 Mahmudul Islam, Interpretation of Statutes and
Documents, (Dhaka: Mollick Brothers, 2009), 1-17
 Md Abdul Halim, Statutory Interpretation and General
Clasuses Act, (Dhaka: CCB Foundation, 2015), 15-25
Conceptual Debate- Interpretation and Construction
Conceptual Debate
 Interpretation and Construction- Are they the same or
two different concepts?
 “Interpretation” is the process of getting the meaning of the
terms used in written instruments (both statutes and
other documents like contract, deed, will, etc.) in line with
the intention of the maker thereof. It also includes drawing
conclusions of any matter not expressly mentioned in the
written instruments in light of “the elements known and
given in the text.”
 “Construction” is another terms used, most of the time, in
the same sense of “Interpretation.”
 However, some scholars make a distinction between these
two terms (i.e. Interpretation and Construction).
Debate
 For those who distinguish:
 “Interpretation” is the process of finding the meaning of
the terms used in the text.
Example: Statute requires all “motor vehicles” must register
with Motor Vehicles Department. Now, questions is- Is a
motor cycle a motor vehicle?
 “Construction” is the process of drawing conclusions of
matters not mentioned inside the text.
Example: Sale of Goods Act defines a sale contract as an
agreement made in writing or otherwise to sell a good
existing or to be manufactured. Now, is an electronic
contract of sale a contract under the Act?
Debate
Now, what will we do for this course purpose?

Will follow the majority view, i.e., we will make no

distinction between interpretation and construction.
Needs for Statutory Interpretation
Needs of Interpretation
Proper application and enforcement of law through
correct understanding of the law by the principles of
interprtation.
Certainty in the application and enforcement of law by
the courts and tribunals.
Maintaining consistency in the interpretation,
application and enforcement of law
Assurance of justice through interpretation according
to principles of interpretation instead of personal
whims and caprices.
Status of the Rules of Interpretation
Status of Interpretation Rules
What are Rules of Interpretation by Definition?
 Principles laid down both
-by the Lawmaker (Parliament in the case of Bangladesh)
through the national Constitution and statutes.
-by the judiciary through case laws
 In Bangladesh, the Parliament provides the interpretation
rules through
 Article 8 of the Constitution
 The General Clauses Act and The Evidence Act
 Status: Principles laid down by the Parliament are rules
and those by the judiciary are merely guidelines.
Role of Judges in Interpretation
Literal approach
Purposive approach
Parliamentary supremacy approach
Constitutional supremacy approach
 Thank you