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Microlesson · 5-min read

Interpretation vs Construction — Concepts and Need

# Interpretation of Statutes — Foundational Concepts

## Interpretation

  • The process by which courts seek to ascertain the meaning of the legislature through the words it has used
  • Aims to find the real meaning of an Act/document and the intention of the legislature
  • Resorted to in order to resolve ambiguity in a statute (i.e., find the true sense of words)
  • Importance: Statute-making and interpretation take place separately — interpretation serves as the bridge of understanding between the two

## Construction

  • Refers to determining the true meaning or intention of the framers
  • Involves drawing conclusions beyond actual expressions used
  • Done by referring to other parts of the enactment and the context in which the law was made
  • Conclusions drawn are within the spirit of the law, though not necessarily within the letter of the law

## Interpretation vs Construction — Key Differences

AspectInterpretationConstruction
FocusPlain meaning of wordsTrue intent beyond words
When usedWhen language is plainWhen meaning is NOT plain
MethodAscertain meaning of words & true sense intendedDecide whether wording covers the situation; refer to context
ScopeWithin the letter of the lawWithin the spirit of the law

> In practice, construction includes interpretation, and the terms are often used synonymously.

## Why Do We Need Interpretation/Construction?

#Reason
1Legislators cannot foresee all contingencies at the time of passing the law
2Words of a statute can be vague, ambiguous, or reasonably capable of more than one meaning
3Interpretation must be commensurate with public benefit
4Fundamental rule: statute should be expounded according to the intent of those who made it
5If two constructions are possible — one mechanical/grammatical and one vibrant/in line with intent — the latter is preferred

⚠️ Common exam mistakes

  • Treating 'interpretation' and 'construction' as completely separate processes — in practice they overlap and are often used synonymously
  • Sticking only to the literal meaning when the words are ambiguous instead of resorting to construction
  • Preferring a mechanical/grammatical interpretation over one aligned with legislative intent when both are possible
  • Forgetting that the fundamental rule is to expound a statute according to the intent of its framers
Reference:
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