It is a canon of statutory construction, where general words follow the enumeration of particular classes of things, the general words will be construed as applying only to things of the same general class as those enumerated. Comments. THE MAXIMS OF STATUTORY INTERPRETATION A maxim is a concisely expressed principle or rule of conduct.' This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. But it is to be noted that when the presumption of constitution fails, then the statutes cannot be rendered valid or operative accordingly. Legis interpretation legis vim obtinet. The maxims are arranged by Term, with the most recent 1998 Term first. 15H And 15G For TDS Exemption, No extension of the Financial Year: There is a fake news circulating in some se, “consideration” in relation to the supply of goods or services or both includes →, Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of Ap, What is the consequence, where a taxable person fails to obtain registration ev. “Contemporanea expositio est optima et fortissinia in lege” means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion. Related documents. Meanings contrary to plain language are not permissible. If the particular words exhaust the whole genus, the general word following these particular words is construed as embracing a larger genus. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning. (i) Terms which are together need to be of same genere ( ejusdem generis)or gathered by the company they keep. Learn how your comment data is processed. Canons of Construction: The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract. (m) Parliament can make law retrospectively to cure defects. The expression Ejusdem Generis means of the same kind. Your email address will not be published. Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly reveal Statutory Interpretation Christo Botha. Please login to your account first; Need help? Golden Rule A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it. A similar principle applies to verbs and their subjects, and to other parts of speech. The above are some indicative principles. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. The maxims of statutory interpretation are interpretive guidelines that are typically expressed in Latin phrases. The maxims are more similar to rules of arithmetic … If the specific words do not belong to a distinct. Where a complex sentence has more than one subject, and more than one object, it may be the right construction to provide each to each, by reading the provision distributively and applying each object to its appropriate subject. When a document was executed between two parties, there intention can be known by their conduct at the time and after the execution of the instrument. Judicial construction and interpretation of a statute acquires the force of law. Defined meaning B. C. CONTEMPORARY CONSTRUCTION. According to the Black’s Law Dictionary (8th edition, 2004) the principle of Ejusdem Generis is where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. ( Heydons Rule). Statutory Interpretations and Legal Maxims: The GST Acts like other recent laws in India is not simple and may need to be read considering the general principles of interpretation and may also need to follow legal maxims laid down over centuries. 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