In this article you will learn about the Difference Between Interpretation And Construction.
Introduction
The word 'interpretation' actually means 'to explain the meaning', but it also happens to be a technique for bringing together unrelated data and supplying readers with something based on one's thoughts in a situation where interpreting the law would bring its true meaning and purpose into focus. Thus, the construction gives the impression of a complicated concept. If there is ambiguity, then the court would assign the meaning of the words to be used further in that case. Construction enables one to proceed where different meanings of a conclusion are contemplated and where interpretation assists in gathering the meaning of the words.
Interpretation
The term interpretation has been derived from the latin word 'interpretia' which means to explain, to understand or to translate. Interpretation is understood as perception and realization of the meaning of a language as an intricate art. In a statute, words and phrases are used by legislators to express their intentions and rules; however, owing to the complexities of language and transaction multidimensionality of matters under which a statute deals, the intention of the statute may not be explicitly brought out. It, therefore, remains the duty of the courts to look at the meanings of words so as to ascertain what the legislature intended.
Some irregularities and ambiguous words in the law ought to be properly interpreted by the court in terms of the actual meaning of its words and thus rules of construction. Interpretation of statutes is not but an interpretation of the meaning of the wording in law in application to the case in proper format. Interpretation gives the court a fair and genuine appreciation of what the legislature intended by the law and what it seeks to accomplish. Hence, interpretation is unnecessary if the meaning and words of a statute are clear and plain.
The interpretation is meant to answer the questions about what was said and intended by the law. It refers to the intention, purpose, and objective sought to be gained from the wording of a statute. The construction of the law rests on the shoulders of judges who, through careful analysis of the wording, sentence structure, and arrangement of the statute, determine what the law was meant to say. Interpretation is further expressed in the way the law is applied and constituted, depending on the circumstances. When the court has recognized what a statute is purported to mean, the meaning should be enforced in actual life, and enforcement calls for construction.
Construction
Construction means to conclude or to make a conclusion after reading the complete text. It suggests adapting the words of statutes to cases according to the circumstances and finds a way to apply the law in cases. By executing construction, courts make a decision concerning the practical application of the law for the purpose of conflict settlement, rights protection, and justice. To express it in the words of Salmond, “interpretation and construction is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.” To express it in the words of Cooley, “construction is the process of concluding, respecting subjects that lie beyond the direct expression of the text, which is in the spirit though not within the letter of law.”
The main distinction between interpretation and construction lies in the scope and goals. Whereas interpretation serves first and foremost to understand and disclose the intent of the statute, construction consists of assigning some common meaning to the act. Interpretation provides the guideline according to which construction must be done so that decisions of courts will be based on the consistent and equitable application of the law. In practice, various forms of interpretation and construction tend to be closely intertwined with each other: The way in which the court interprets a statute will invariably have an effect on the court's judgments in the case. Hence, potentially we could also safely ascertain that the principles developed in case laws will play a pivotal role in the construction of future statutes.
Construction is the process that a legal text is then translated in the language of legal rules. This then relates to drawing a conclusion about a subject which one cannot explain in other words directly evident in the text. In law, construction refers to explaining, interpreting or making sense of problematic terms in statutes and arriving at conclusions which are logical and reasonable based on that. The construction begins when a court first extracts findings after carefully examining the meaning of words as used in the text. The aim of construction is to determine the impact of the legal text; the primary rule of construction is to read a text, law, or statute literally.
Differences Between Interpretation And Construction
1. Interpretation refers to ascertaining the original meaning of the words and the purpose or intent of the legislation whereas construction is the process of finding conclusions from the legal text which go beyond the literal language of the text in order to solve inconsistencies.
2. Interpretation is a wider form of construction whereas construction is more or less like an interpretation in which words are given a meaning.
3. Ambiguity is obliterated by interpretation whereas construction works with some standards to prevent ambiguity.
4. Interpretation, in law, means the explicit meaning of a particular term or phrase whereas construction can be defined as the method in which some ambiguous and vague phrases and expressions in the laws are interpreted.
5. Interpretation is simply the process for establishing the exact meaning of the intended sence as laid down on the text of law. whereas in a case in which a meaning is understood literally, construction helps establish whether or not the case fits under the confusion premise of the law.
6. Interpretation occurs when the meaning of the legal text can be easily interpreted as clear and unambiguous whereas construction occurs when the meaning of the text is neither clear nor ambiguous but rather is challenged.
This article on Difference Between Interpretation And Construction is contributed by Dipshikha Anand. Explore more articles and resources on LawStudyPoint.com. Also, check out the Dipshikha Anand YouTube channel for helpful videos and updates.