Questions and Notes on Legislation and Interpretation 1

Questions and Notes on Legislation and Interpretation 1

1.      Who said “Deliberate law making by an authoritative power, i.e., State is called legislation”?

Dias and Huges

2.      Legislation is derived from 2 words Legis-law and latum- to make/ set.

3.      Who said that legislation includes both process and the law enacted?

Benthem and JS Mill

4.      Who said “Legislation includes formal utterances of the legislative organs of the society”?

Gray

5.      Who said “General orders, making by our judges is as true legislation as carried on by crown”?

Holland

6.      Who said “The law that has its source in legislation may be termed as enacted law”?

Blackstone

7.      Who said “legislation includes all activities which result into law making or amending or transferring or inserting new provisions in the existing law”?

Austin

8.      Who said “When a judge establishes a new principle by means of judicial decision, he is said to exercise legislative power”?

Austin

9.      Who said “Legislation is the least creative of the sources of law”?

James Carter

10.  Who wrote the book `Law: its origin, growth, function`?

Carter

11.  Who said “Legislation is that source of law which consists in the declaration of legal rules by a competent authority”?

Salmond

12.  What are sources of law as per Salmond?

a.      Strict Sources: From where rules of law declared by competent authority are framed,

b.      Widest sense: All methods of law making:

                                                              i.      Direct

                                                            ii.      Indirect

13.  Who said “Growth of delegated legislation in the 19^th and 20^th century was inevitably due to fundamental changes in theory and practice of Government”?

Professo Griffith

14.  What are the modes of control of delegated legislation?

a.      Procedural Control:

                                                              i.      Prior consultation,

                                                            ii.      Prior publicity,

                                                          iii.      Publication

b.      Parliamentary Control,

c.       Judicial Control: related cases:

                                                              i.      Re Delhi Laws Act Case,

                                                            ii.      Chintaman Rao v State of Madhya Pradesh Case.

                                                          iii.      Deepak Sibal Case

15.  Who said “Legislation is undertaken with the intention of law making but not so in case of precedent. Precedent which includes ratio decidendi and obiter dicta is intended to settle a dispute on the point of law, once and for all”?

Austin

16.  Who wrote the book `Lectures on Jurisprudence`?

Austin

17.  Who said “Earlier times legislation was supplemented to customary law but in modern times the position has reversed and customary law is treated supplementary to enacted law”?

Keeton

18.  Who said “enacted law is created by legislature, therefore it is an expression of general will of the people”?

Keeton

19.  Who wrote the book `The Elementary Principles of jurisprudence`?

Keeton

20.  Who said “legislation expresses the relationship between men and the State but customary law is based on relationship between men, inter se”?

CK Allen

21.  Who said “the reduction of the whole corpus juris so far as practicable in form of enacted law is known as codification”

Salmond

22.  Code of Justinian is an example of codified law. Pollock, Paton and Savigny opposed codification of law. Henry Maine supported and Salmond also supported.

Savigny holds that codification makes law rigid. Paton holds that codification putrifies the law.

23.  Who said “well desigined legislation is the only possible remedy against quibbles and chicanery and all evils which are created from legal practioners can be averted by this method”?

James Stephan

24.  Who said “The law like the traveler must be ready for tomorrow. It must have principle of growth”?

Cardozo

25.  Words in which a law is expressed litera scripta constitute a part of the law itself.

26.  Essence of law lies in spirit and not the letter. It is called sententia legis.

27.  Who said “In all ordinary cases the courts must be content to accept the literal egis as the exclusive and conclusive proof of sententia legis”?

Fitzgerald

28.  Who said “Interpretation is that process by which the courts seek to ascertain the meaning of the law through the medium of the authoritative forms in which it is expressed”?

Salmond

29.  Who said “the dominant purpose of interpretation is to determine what intention is conveyed expressly or impliedly by words”?

Maxwell

30.  What is Grammatical Interpretation?

Where there is no ambiguity in the language employed by the statute, litera legis is used. It is also known as liberal interpretation. Lord Wensleydale said so.

31.  What is Logical Interpretation?

Which departs from the letter if law and seeks elsewhere or some other or more satisfactory evidence of intention of legislature and employs sententia legis.

32.  Who said “The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnancy or inconsistency, but no further”?

Lord Wensleydale

33.  Who said “The construction of an Act must be taken from the bare words of it. We cannot fish out what may possibly have been intention of legislature”?

Brogham J

34.  Who said “Literal rule must be applied generally but must not be applied if statute is apparently defective, ambiguous, inconsistent or the law is incomplete?”

Salmond

35.  Who said “Undue laxity on one hand sacrifices certainty and uniformity of law to the arbitrary discretion of judges, while undue strictness on the other hand sacrifices the intent of the legislature and the rational development of law to the tyranny of the words”?

Salmond

36.  Who said “Which serves to restrict the meaning of general words to things or matters of the same kind as the preceding particular word is the principle of Ejusdem Generis”?

Salmond

37.  What is Heydon`s Rule?

When the true intention of legislature cannot be determined by language of statute in question, then court may consider the historical background underlying the statute, i.e., the circumstances under which the Bill was introduced and it became a law. It was laid down in Heydon`s case and is also called Mischief Rule.

In India the same was adopted by Supreme Court in following cases:

·         RMDC v Union of India

·         Bengal Immunity case

38.  What is Historical Interpretation?

When the language used in a statute gives no clue to the intention of legislature, courts may consider the historical circumstances attending the local enactment.

39.  What is the difference between Interpretation and Construction?

Interpretation is the art of finding out the true sense of any form of words, that is the sense in which their author intended to convey and enabling others to derive from them the same idea which the author intended to covey.

Construction is drawing of conclusions, respecting subjects that i.e. beyond the direct expression of the text from elements known from and given in text, conclusions which are in print, though not within the letter of text.

40.  What is the meaning of generelis specialibus non derogant?

Where the general words in an Act capable of reasonable and sensible application without extending them to subjects specially dealt with by the earlier legislation, it cannot be construed that earlier and special legislation is indirectly repealed, altered or derogated by the force of those general words.

41.  What is noscitur a socis?

It means that the meaning of a word be judged by the company it keeps.

Questions and Notes on Legislation and Interpretation 1

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