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Microlesson · 5-min read

Importance / Need for Interpretation

## Importance of Interpretation

Interpretation is required because legislative drafting can never anticipate every situation. The principal reasons interpretation becomes necessary are:

1. Ambiguity of words used in the statute — words may carry more than one possible meaning.

2. Change in the environment — social, technological or economic conditions evolve after enactment, requiring fresh application of old words.

3. Complexities of the statutes — long and technical statutes throw up internal tensions and difficult constructions.

4. Legislation does not cover a specific area — a fact situation may not be expressly addressed by the words used.

5. Drafting error — mistakes or omissions in drafting must be reconciled with the legislative purpose.

6. Incomplete rules — the rules themselves may be skeletal and need filling in through interpretation.

In short, interpretation supplies the missing links between the fixed text of the statute and the fluid world of facts to which it must be applied.

Worked example

### Example 1

Change in environment example: An older statute referring to 'documents' or 'records' must be interpreted to cover electronic records in today's environment, even though the legislature originally had paper records in mind.

⚠️ Common exam mistakes

  • Assuming interpretation is needed only when words are ambiguous — it is also needed for environmental change, drafting errors, gaps and incomplete rules.
  • Treating drafting errors as binding the court to an absurd result — interpretation can supply the correction consistent with the legislative purpose.
Reference:
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