When the word “may” is … Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. This Act may be cited as the Interpretation and General Clauses Act. While examining the third aspect, the courts examine the purpose, object, design and scope of the statute. 311.016(5)). If you find any errors or mistakes on the site, please bring them to our notice by emailing info@lawgic.info. —This Act may be cited as the Interpretation Act, 1937. Statutory interpretation in Australia (eBook) by Dennis C Pearce. Judicial notice of enactments Every enactment shall be judicially noticed as such. For example, all claimants shall request mediation. At the end are some canons that apply to specific areas of law. Both modal verbs indicate the chance of a possibility or probable action. Membership of statutory corporations and other bodies 32. Even if the “duty” is not set out clearly and specifically in the statute, it may be implied as correlative to a “right”. In other words, it is not merely the use of a particular expression that would render a provision directory or mandatory. . an enactment and the marginal notes shall be deemed for the purpose of reference to be part of the enactment, but shall not affect the interpretation of the enactment. In other words, the Market Committee is entitled to collect market fee from the seller irrespective of whether the seller has realised it from the purchaser or not. statutory construction, followed by a number of specific canons. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. Chapter 1: DEFINITIONS; RULES OF CONSTRUCTION. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Statutory interpretation is a question of law of subject to de novo review Hilton v. State, ... • “Shall” v. “May” • “Or” may be ... Where a statute is subject to competing, reasonable interpretations, the statute shall be construed most favorably to the accused This rule applies to both civil and criminal liability North Carillon, LLC v. CRC 603, LLC, 135 So. Cognate words 8. By contrast, we presume that the word “shall” is mandatory. 10 Construction of amending Acts and instruments In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or “independent cooperative partners.” It concludes that the obvious answer is that neither simple categorization really fits—that the function of judges involves a combination of roles. Constitutional construction of statutes. Statutory duty may be either directory or mandatory. Did you know that the words “may” and “shall” could be used interchangeably? ¶32  … The word “may” is ordinarily used to grant permission or to indicate possibility. Statutory Interpretation • Be mindful of “and” v “or” • “shall” v “may” • Generally, “shall” signifies that the action is mandatory and “may” grants some discretion • “Subject to” indicates that a certain part of the statute is controlled by another part of the statute e.g. (used to express opportunity or permission): “Shall” isn’t plain English. May v. Shall Generally, “shall” signifies that certain behavior is mandated by the statute, while “may” grants the agent some discretion Unless Except These terms usually signify an exception to the statute Subject to… Within the meaning of For the purposes of These terms may limit the scope of the statute, or may … 8. At its meeting on Nov. 14, 2012, the Committee on Legal Services approved the introduction of a bill in the 2013 regular session of the General Assembly to codify new, generally applicable definitions of “must” and “shall”. What does he really do? She works primarily in the areas of elections, ethics, and constitutional issues as part of the State and Local Government division of LSC’s research staff. Readers should consult an attorney for their legal needs. Very good article. Distance 43. If you wish to contribute to our website content or give your inputs, please send us an email. A very useful and informative post. Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Definitions to be read in context 7. Thus, the question to be determined in such cases always is whether the power conferred by the use of the word “may” has, annexed to it, an obligation that, on the fulfilment of certain legally prescribed conditions, to be shown by evidence, a particular kind of order must be made. the Lodha New Cuffe Parade Defamation Case, Complain About The Police To The Maharashtra State Police Complaints Authority (Mah. When the words “may” and “shall” are used in the same statutory section, we “can infer that the legislature was aware of the different denotations and intended the words to have their precise meanings.”  Karow, 82 Wis. 2d at 571. 2 Commencement (1) ... that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament. Statutory interpretation in Canada has been powerfully influenced by the work of Elmer Driedger. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. (2) In any Act or instrument, the word “shall”, if used to impose a duty, indicates that the duty must be performed. Definitions . Ms. Wendel earned a Juris Doctor degree from the … Names commonly used 49. (used interrogatively in questions, often in invitations): Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. The courts while interpreting provisions of law tend to support settlement and mutual agreements. The object of all interpretation and construction of statutes ... chapters, sections and other divisions of a statute shall not be considered to control but may be used to aid in the construction thereof. 7. Publication Date: 2018 10th ed. See Eby, 153 Wis. 2d at 80; Karow, 82 Wis. 2d at 571-72; Rosen, 72 Wis. 2d at 207. With the latter mandamus has nothing to do: it will not, for example, issue to compel a minister to promote legislation. Shall We Dance--Steps for Legislators and Judges in Statutory Interpretation Shirley S. Abrahamson Robert L. Hughes Follow this and additional works at:https://scholarship.law.umn.edu/mlr Part of theLaw Commons This Article is brought to you for free and open access by the University of Minnesota Law School. Act binds Crown 5. ISBN: 9780409350586. Comments are moderated. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. Heritage Farms, Inc. v. Markel Insurance Company, Statutes – Construction – Presumption Against Retroactivity, COA creates Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”, SCOW to address 48-hour deadline for filing Chapter 51 examiners’ report, COA finds another exception to the Haseltine rule, SCOTUS will decide whether community caretaker exception can get police into the home. 15 NEW SOUTH WALES TABLE OF PROVISIONS PART 1—PRELIMINARY 1. 8 of 1970. Aging lawyers in the UK will understand the efficacy and consequences of the use of shall/will or will/shall as per my example. Gender and number 9. Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." Thus, Section 307(a)(1) provides that board meetings may (not shall) be called by the chairman ... the word "shall" has a statutory meaning. Your email address will not be published. Reckoning of periods of time by the calendar month and year 42. Civil Serv. Section 55 uses the word “may sue‟ which indicates a discretionary element that a joint bhumidhar may approach the Court of Revenue Assistant for partition. STATUTORY INTERPRETATION: MOSTLY COMMON SENSE? Sometimes also language which is apparently merely permissive is construed as imposing a duty, as where ‘may’ is interpreted to mean ‘shall’. Interpretation of Terms 40. Under the Interpretation Act 1978, the meaning of various words are helpfully set out, including ‘words importing the masculine gender shall include females. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. Time 41. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. The legislative intendment can easily be discerned from the frame of the sub-clause that what is conferred on the seller is only an option to collect market fee from his purchaser, but the seller has no such option and it is imperative for him to remit the fee to the Committee. 10:45 State v. Adam Vice, 2018AP2220-CR, December 10th The main objective and purpose of the Act are found in the Preamble of the Statute. The words “may take cognizance” in the context means “must take cognizance”. Lord Bishop of Oxford: Re v. Thomas Thellusson Carter. Short title 2. Reference to series of provisions 48. § 1925. Even though no compulsory words are used, the scheme of the Act may imply a duty. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. “Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction.”2 This is the primary step in interpretation of any statute. Commencement. The meetings of the council shall be public. Interpretation of Terms 40. Gender and number 45. There are many differences between “shall” and “may,” usually in the realm of usage. (AIR 1965 SC 1222), Shri A.C. Aggarwal, Sub-Divisional Magistrate, Delhi v. Smt Ram Kali, Bashira v. State of U.P. [4] Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 293 ALR 257 and Alcan (NT) … Why Do Some Traffic Signals Flash Red and Some Flash Yellow Amber in India? • To express an entitlement and not an obligation, as in “The prevailing party shall … (5 AC 214). In such a case, it is always the purpose of the power which has to be examined in order to determine the scope of the discretion conferred upon the donee of the power. In those cases the task of the court is to decide the exact meaning of that particular word or phrase. may be substituted. These are valid when not instructed otherwise by the flag or coastal state administration, and when no interpretations exist from IACS or regulatory bodies. Since these words are not technical terms as far as Law is concerned, reliance is placed upon various Case Law, which helps us understand how to interpret these terms. Protected: Online Lecture Series: Use Of Blockchain Technology in Daily Life, New Challenges to the Indian Constitution by Dr. Sanjay V. Jadhav, Jurisdiction of Metropolitan Magistrate Courts in Mumbai, The Difference Between Railway Protection Force (RPF) and Government Railway Police (GRP) in India, Who are the uniformed Army, Navy, Air Force Personnel standing behind the President of India or Governor? 3. Officials understand that amateur fishers wish to use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act 1996. Enactments binding the State Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Short title 2. gation when may properly negates permission. The effort of Court is to minimize litigation and not to multiply it. This Act shall be binding on the State. R.S.O. Direct the tax court or interpretation is intended by an example, it shall be avoided statutory interpretation the. The word shall is used in an imperative and not in a directory sense. May you live to an old age. 2. 1992). Principles of Statutory Interpretation Emily Wendel Legislative Service Commission Emily Wendel has served as an attorney with the Legislative Service Commission since 2011. "Shall" and "may" 46. The definitions explicitly apply only to new statutory language. In that behalf, the court is required to keep in view the impact on the profession, necessity of its compliance; whether the statute, if it is avoided, provides for any contingency for non-compliance; if the word „shall‟ is construed as having mandatory character, the mischief that would ensue by such construction; whether the public convenience would be subserved or public inconvenience or the general inconvenience that may ensue if it is held mandatory and all other relevant circumstances are required to be taken into consideration in construing whether the provision would be mandatory or directory. Employment of the said two monosyllables of great jurisprudential import in the same clause dealing with two rights regarding the same burden must have two different imports. If the statute leaves no room for discretion the power has to be exercised in the manner indicated by the other legal provisions which provide the legal context. Will . They may be statutory or non statutory. In fact, there are legislatures out there that specifically define "shall not" and "may not" as synonyms, like Texas (sec. Statutory interpretation is effectively a matter for the courts. It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. • As an equivalent for , as in “Able will shall [read will] breach this agreement if he doesn’t deliver the sum of $500 to Baker on June 1, 2018.” This use of shall notes a possible future event. , both legal and factual, may impart to the power that obligatoriness be cited as the of. 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