Interpretation of Statutes & Principles of Legislation LLB Syllabus Revision Notes Lecture - Part 5 скачать в хорошем качестве

Interpretation of Statutes & Principles of Legislation LLB Syllabus Revision Notes Lecture - Part 5

00:00 - Interpretation of Statutes & Principles of Legislation Part 5 00:15 Lifecycle of a Statute Drafting & Passing - How the statute is enacted. E.g. Bill, Act, Assent etc Commencement - When and how an act commences Operation - How the act operates. Including the extent of operation Repeal - Express, Implied, Total, Partial & Sunset repeal Revival - When & How statutes are revived Understanding the Lifecycle of a Statute is an essential aspect of the interpretation of Statutes 01:22 Commencement of a Statute Example of how the commencement of a statute is an essential aspect of the interpretation of statutes 02:32 Understanding the Commencement of a Statute An Act will commence from the date : mentioned within the act itself mentioned when the act is published in the official gazette when the act received assent from the President or the Governor Sec 5 of the General Clauses Act - Coming into operation of enactments. 04:03 Operation of a Statute Scope and the extent of the operation of a statute. 05:34 Repeal of a Statute Express Repeal Implied Repeal Total Repeal Partial Repeal Sunset Repeal or Expiry 07:32 Repeal of a Statute - As per the General Clauses Act Sec 6 of the General Clauses Act 09:20 Revival of a Statute Revival of a Statute is when a law that was previously repealed or has expired is brought back into effect The revival must be done through a new legislative act The reviving statute can bring back the entire repealed law or only specific provisions of it Section 7 of the general clauses act deals with the revival of statutes 10:57 Presumptions in Statutory Interpretation How presumptions are applied at every stage of the interpretation of statutes Presumptions are the basic ‘expectations’ with respect to the legislative intent and the operation of statutes. E.g. Presumption of Constitutionality. 12:40 Presumptions in Statutory Interpretation - Part 1 Presumption as to precision in Language Presumption Against Inconvenience, Unreasonableness, Injustice and Absurdity Presumption Against Inconsistency Presumption Against Retrospectivity Presumption of Constitutionality Presumption Against Ousting Established Jurisdiction or Excluding Judicial review Presumption Against a Change in Sovereign Power Presumption Against Implying Exceptions or Limitations 15:44 Presumptions in Statutory Interpretation - Part 2 Presumption of Mens Rea in Criminal Statutes Preservation of Vested Rights The State Not Affected by Default Consistency with International Law Legislative Awareness of Existing Law No Alteration Without Express Enactment Awareness of Executive and Judicial Practice Interconnection of Powers and Duties Presumption against redundancy 18:45 Presumptions in Statutory Interpretation - Part 3 Presumption against ambiguity: Statutes do not intentionally include ambiguous statutes. Avoidance of Futile Demands: The law is presumed not to compel futile or fruitless actions. Scope of Legal Fictions: In construing legal fictions, all necessary facts on which the fiction operates are assumed. Doctrine of Natural Justice: Drastic powers granted by the legislature are intended to be exercised fairly. Presumption Against Exceeding Territorial Nexus: Laws are presumed not to apply beyond the territorial jurisdiction unless clearly stated. Presumption Against Penal Provisions: Penal or criminal provisions are interpreted strictly, and ambiguities are resolved in favour of the accused. Legislature Does Not Make Mistakes Presumption against implied repeal 21:34 Conclusion