may. Your email address will not be published. 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. 8 (1 ... 15 provides: ""Shall" is mandatory and "may" is permissive." Names commonly used 49. Your email address will not be published. § 1925. Actually , it depends upon the wisdom and care which the judges take in interpreting the statutes by applying the above rules of interpretation. 11 FOREWORD DNV GL statutory interpretations contain the Society's own interpretations of statutory regulations. F.A.R. The process of determining what a particular statute means so that a court may apply it accurately. 311.016(5)). Statutory duties, if they are intended to be mandatory in character, are indicated by the use of the words “shall” or “must”. DNVGL-SI-0364 Edition May 2017 SOLAS interpretations. Where an Act contains an interpretation provision, it shall be read and construed as subject to the exceptions contained in subsection 1 (1). 15 NEW SOUTH WALES TABLE OF PROVISIONS PART 1—PRELIMINARY 1. Statutory interpretation is effectively a matter for the courts. 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 … must; is or are obliged to: 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. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. 4. They may be statutory or non statutory. Did you know that the words “may” and “shall” could be used interchangeably? In other words, the word “may”, used before “stay” in Section 442 of the Act really means “may” and not “must” or “shall” in such a context. 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”. 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. The definitions explicitly apply only to new statutory language. What is determinative of the nature of duty, whether it is obligatory, mandatory or directory, is the scheme of the statute in which the “duty” has been set out. Prof. Wade, also, in his well-known treatise ‘Administrative Law’, 8th Edition, at page 609 makes a distinction between a discretionary power and obligatory duties in the following terms: “Obligatory duties must be distinguished from discretionary powers. The word "shall" may be read as imperative. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. This Act may be cited as the Interpretation and General Clauses Act. The Difference In Interpretation of The Words “May” and “Shall” In Law in India. 9:45   State v. Tavodess Matthews, 2018AP2142, February 23 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. (1) The provisions of this Act shall apply to every written law passed or made before or after the commencement, unless a contrary intention appears in this Act or in the written law concerned. That power may, having regard to the context in which it occurs, and the requirements contemplated for its exercise, have annexed to it an obligation which compels its exercise in a certain way on facts and circumstances from which the obligation to exercise it in that way arises. [1] DC Pearce and RS Geddes, Statutory Interpretation in Australia (LexisNexis Butterworths, 8 th ed, 2014) 146. The word shall is used in an imperative and not in a directory sense. Enactments binding the State Statutory Interpretation in the Supreme Court of Canada Introduction. All statutes of a permanent and general nature of the state as revised and consolidated into general provisions, titles, chapters, and sections shall be known and designated as the "Revised Code", for which designation "R.C." The meaning and effectiveness of a statute is only apparent when judges have interpreted it. statutory construction, followed by a number of specific canons. Constitutional construction of statutes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. 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 interpretation refers to the process by which a court looks at a statute and determines what it means. 8 of 1970. You shall do it. [2] Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31]. may be substituted. The word “may” is ordinarily used to grant permission or to indicate possibility. "Shall" and "may" 46. On Point provides information (not legal advice) about important developments in the law. 4.1 The need for statutory interpretation The meaning of law in a statute should be clear and explicit, but this is not always achieved. 3. Thanks. May you live to an old age. Beyond this, the methodologies and approaches taken by the courts in interpreting meaning also can help guide legislative drafters, legislators, implementing agencies, and … Save my name, email, and website in this browser for the next time I comment. May. Short title 2. Interpretation of Terms 40. When the word “may” is … Download the PDF, Decision in the matter of Lodha Developers v. Krishnaraj Rao a.k.a. On Point is sponsored by the Wisconsin State Public Defender. Nutshell: Statutory Interpretation by Scott Guy. Reference to series of provisions 48. 9:45   State v. Alan Johnson, 2018AP2318-CR, January 21st Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity. After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. 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. 6 Yet, such words in the context of specific facts before the court may … 1. plan to, intend to, or expect to: (used to express ability or power.). For example, the defendant shall then have a period of 30 days to object. Interpretation 4. The words “may take cognizance” in the context means “must take cognizance”. 3. Times may change but human nature stays the same. 7. The distinction is particularly significant when the words “may” and “shall” are used in the same statutory section … . Chapter 1: DEFINITIONS; RULES OF CONSTRUCTION. This is the principle we deduce from the cases of this Court cited before us: Bhaiya Punjalal Bhagwandin v. Dave Bhagwatprasad Prabhuprasad (AIR 1963 SC 120), State of Uttar Pradesh v. Jogendra Singh (AIR 1963 SC 1618), Sardar Govindrao v. State of M.P. Definitions. 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. Reference to series of provisions 48. Preamble. “Shall” isn’t plain English. Where the power is wide enough to cover both an acceptance and a refusal of an application for its exercise, depending upon facts, it is directory or discretionary. Reckoning of periods of time by the calendar month and year 42. 2. will have to, is determined to, or definitely will: 10. These are valid when not instructed otherwise by the flag or coastal state administration, and when no interpretations exist from IACS or regulatory bodies. These words are not synonymous but may be used interchangeably if the context requires such interpretation. If you don’t look closely at shall and its semantic content, those statutory provisions seem to make sense. “Under section 190(1)(b) of the Code of Criminal Procedure, the Magistrate is bound to take cognizance of any cognizable offence brought to his notice. PART III APPLICATION TO LAWS 3. Interpretation of Statutes and of Contracts Dictionary Written words often lend themselves to several interpretations leaving a court to sort out the maze in order to determine legal rights (this area of the law is also known as construction of statutes). Can The Orders Uploaded On The Official Website Of The High Court Be Considered Certified Copies? Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." INTERPRETATION ACT 1987 No. "Shall" in law generally imposes a non-discretionary duty, whereas "may" implies a discretionary duty (see that same section). 1. Amicable resolution of disputes and differences is encouraged and recognized by law. “Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. Statutes are sometimes ambiguous enough to support more than one interpretation. Courts do not interpret the word “may‟ as “shall” unless such interpretation is necessary and required to void absurdity, inconvenient consequence or is mandated by the intent of the legislature which is collected from other parts of the statute. Reckoning of periods of time by the calendar month and year 42. See The American Heritage Dictionary of the English Language 1112 (3d ed. The basic rule is that whatever the intention legislature had while making any provision it has been expressed through words and thus, are to be interpreted according to the rules of grammar. Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. • 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. By contrast, we presume that the word “shall” is mandatory. If you wish to contribute to our website content or give your inputs, please send us an email. STATUTORY INTERPRETATION: MOSTLY COMMON SENSE? Construction of amending Acts and instruments 11. (used interrogatively in questions, often in invitations): ¶36  …  The cases in which this court construed the word “may” in a statute as “shall,” or vice-versa, must be understood in context. 9:45   State v. Decarlos Chambers, 2019AP411-CR, January 13th Interpretation of Terms 40. 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. At the end are some canons that apply to specific areas of law. Interpretation provisions in other Acts. Distance 43. In other words, it is the context which can attach the obligation to the power compelling its exercise in a certain way. The information on this site is not a substitute for legal advice. Supreme Court in Mohan Singh v. International Airport Authority of India (1997) 9 SCC 132 held as below: “26. For many years he was Deputy Minister of Justice for Canada and an adjunct Professor of Law at the University of Ottawa. He shall do it. This Act shall be binding on the State. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. (in laws, directives, etc.) Normally, the word “may‟ means discretion and is not mandatory. Commencement 3. Hitchcock v. The effort of Court is to minimize litigation and not to multiply it. (used to express possibility): The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. While one confers a discretionary power, the latter one pelts out mandatory directions. Delete every shall. See Eby, 153 Wis. 2d at 80; Karow, 82 Wis. 2d at 571-72; Rosen, 72 Wis. 2d at 207. Both modal verbs indicate the chance of a possibility or probable action. A very useful and informative post. 4. Commencement. Officials understand that amateur fishers wish to use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act 1996. Application to this Act. Publication Date: 2019. Publication Date: 2018 10th ed. All content is subject to public disclosure. 5 year BBA LLB Degree Course Syllabus of Mumbai University (University of Mumbai Law Academy – UMLA), Draft Model Tenanacy Law 2019. Chapter 2: Digital Signature and Electronic Signature, Chapter 6: Regulation of Certifying Authorities. Gender and number 45. Statutory duties are by no means always imposed by mandatory language with words such as ‘shall’ or ‘must’. In those cases, … 5. Thus, this Court, keeping in view the objects of the Act, had considered whether the language in a particular section, clause or sentence is directory or mandatory. 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. Age 44. 10. 3. In other words, it is not merely the use of a particular expression that would render a provision directory or mandatory. • To express an entitlement and not an obligation, as in “The prevailing party shall … This Act may be cited as the Interpretation and General Provisions Act. Please note that this information may not be up to date. 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. This Act may be cited as the Interpretation and General Clauses Act. 1. Required fields are marked *. It is not forbidden. Archaic. 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. If you find any errors or mistakes on the site, please bring them to our notice by emailing info@lawgic.info. The provisions of this Act apply to the construction of it and to the words and expressions used in it. In the US, this canon has grown stronger in recent history. 2. 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. 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. “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. INTERPRETATION ACT 1987 - SECT 9 Meaning of may and shall 9 Meaning of may and shall (1) In any Act or instrument, the word "may", if used to confer a power, indicates that the power may be exercised or not, at discretion. The same careful analysis must be made of the word "shall." one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. When construction contracts use the word “shall” it is generally understood that the obligation specified is mandatory. Laying down the law (eBook) by Robin Creyke et al. R.S.O. Next post: Statutes – Construction – Presumption Against Retroactivity, Previous post: Appellate Jurisdiction – Final Order, December 9 In those cases the task of the court is to decide the exact meaning of that particular word or phrase. PART V. STATUTORY CONSTRUCTION CHAPTER 19. 9:45   State v. James Genous, 2019AP435-CR, January 19th 1992). The society, through its representatives, the legislature and Parliament, decides the status of the law and simply writes it down in a statute. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov. Shall we go? Ask a drafter what “shall” means, and you’ll hear that it’s a mandatory word—opposed to the permissive “may”. Short title. [3] Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, 382 [70]. In fact, there are legislatures out there that specifically define "shall not" and "may not" as synonyms, like Texas (sec. Distance 43. For example, no person shall enter the building without first signing the roster. Age 44. Membership of statutory corporations and other bodies 32. The word must in a statute is not always imperative. Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." 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. Ms. Wendel earned a Juris Doctor degree from the … —This Act may be cited as the Interpretation Act, 1937. He founded and taught a … (5 AC 214). Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Definitions to be read in context 7. Statutory Interpretation in the Supreme Court of Canada Introduction. To make that determination, we considered such factors as the statute’s objectives, the statute’s history, the consequences that would follow from the alternative interpretation, and whether the statute imposed a penalty for the failure to exercise the power or duty. Corresponding parts of speech 47. 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. Who is an MLA (Member of the Legislative Assembly) in India? Statutory duty may be either 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. How To Transfer A Used Two Wheeler in Maharashtra. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. The context, both legal and factual, may impart to the power that obligatoriness. THE HON JUSTICE JOHN MIDDLETON* Various aspects of statutory interpretation, including how the principles have been adopted and applied by the courts to interpret legislation have developed over many years, though not always consistently. Even though no compulsory words are used, the scheme of the Act may imply a duty. Ms. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. Even if the “duty” is not set out clearly and specifically in the statute, it may be implied as correlative to a “right”. If (1) … When we read these documents, we encounter two words – “shall” and “should” – which have specific meanings yet, are somewhat open to interpretation. Repealed by [Act No. Incitement to interpretation are written law progressed, whereas in a legislative history with interpreting This Act may be cited as the Interpretation Act 1987. Power to remit fine or penalty 33. Definitions. Lord Bishop of Oxford: Re v. Thomas Thellusson Carter. in relation to the several purposes mentioned in the act is by the Manitoba Interpretation Act to be construed as permissive only, not as imperative. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. I may be wrong but I think you would be wise to go. [8]  The issue then was whether the power or duty to act was discretionary or mandatory. Statutory Interpretation Lecture. I shall go later. The principle laid down above has been followed consistently by this Court whenever it has been contended that the word “may” carries with it the obligation to exercise a power in a particular manner or direction. Names commonly used 49. The OSHA Standards is a Statutory Document, and the first set of regulations which … If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas if by holding it mandatory serious general inconvenience will be created to innocent persons of general public without much furthering the object of enactment, the same should be construed as directory but all the same, it would not mean that the language used would be ignored altogether. Eby v. Kozarek, 153 Wis. 2d 75, 79, 450 N.W.2d 249 (1990); Karow v. Milwaukee Cnty. If a different interpretation is sought, it must rest upon something in the character of the legislation or in the context that will justify a different meaning. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. It may rain. It is only for academic value. But legal drafters use “shall” incessantly. See The American Heritage Dictionary of the English Language 1112 (3d ed. 1990, c. I.11, s. 2. 2. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. Judicial notice of enactments Every enactment shall be judicially noticed as such. Gender and number 9. The main objective and purpose of the Act are found in the Preamble of the Statute. (2) In any Act or instrument, the word “shall”, if used to impose a duty, indicates that the duty must be performed. If the conditions in which the power is to be exercised in particular cases are also specified by a statute then, on the fulfilment of those conditions, the power conferred becomes annexed with a duty to exercise it in that manner. 2. Statutory Interpretation: Background At the 4 April meeting of the Reference Group officials were asked to provide a “without prejudice” definition of commonly applied expressions used in legislation. 29 of 1992] 9. In both capacities he worked to develop a new style of drafting for federal legislation in Canada and a new approach to statutory interpretation. There are many differences between “shall” and “may,” usually in the realm of usage. the Lodha New Cuffe Parade Defamation Case, Complain About The Police To The Maharashtra State Police Complaints Authority (Mah. The meetings of the council shall be public. What does he really do? Even the Supreme Court ruled that when the word "shall" appears in statutes, it means "may." “Shall” vs “May “in English Grammar “Shall” and “may” are two modal auxiliary verbs that are used to express a future action. The task of interpretation may vary in difficulty. Civil Serv. It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. (AIR 1968 SC 1) and Prakash Chand Agarwal v. Hindustan Steel Ltd.((1970) 2 SCC 806 ).”, To elucidate the words “may” and “shall”, and interpret them, the Supreme Court in Dinesh Chandra Pandey v. High Court of Madhya Pradesh, (2010) 11 SCC 500 has held as under:-, “15. Very good article. He has no discretion in the matter, otherwise that section will be violative of Article 14.”. the tools and techniques of statutory interpretation will help you to understand the possible implications a statute may have on your client’s interests. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. It would have to be interpreted in the light of the settled principles, and while ensuring that intent of the Rule is not frustrated.”. Statutory Interpretation. Sometimes they will be the implied counterparts of rights, as where a person ‘may appeal’ to a tribunal and the tribunal has a correlative duty to hear and determine the appeal. Legislation should always strive to be drafted with precision and clarity; for after all, there may be … This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt v. Dep’t. But this is not conclusive as “shall” and “must” have, sometimes, been interpreted as “may”. 10:45 State v. Adam Vice, 2018AP2220-CR, December 10th They learn it by osmosis in law school, and the lesson is fortified in law practice. Definitions . 8. gation when may properly negates permission. 9:45   Portage County v. Who is an MLC (Member of the Legislative Council)? It is significant to note that the word used for the seller to realise market fee from his purchaser is “may” while the word used as for the seller to pay the market fee to the Committee is “shall”. Time 41. "Shall" and "may" 46. 8. 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. This Court in Sarla Goel v. Kishan Chand, took the view that where the word “may” shall be read as “shall” would depend upon the intention of the legislature and it is not to be taken that once the word “may” is used, it per se would be directory. 10:45 Eau Claire County DHS v. Short title 2. “Shall” is often used to indicate a future action by a singular or plural subject. The courts have taken a view that where the expression “shall” has been used it would not necessarily mean that it is mandatory. In fact, it is not quite accurate to say that the word “may”, by itself, acquires the meaning of “must” or “shall’ sometimes. ... May “no person shall enter the building without first signing the roster”. Comm’n, 82 Wis. 2d 565, 570, 263 N.W.2d 214 (1978); State v. Rosen, 72 Wis. 2d 200, 205, 240 N.W.2d 168 (1976). The traditional avoidance canon required the court to choose a different interpretation only when one interpretation … Statutory Interpretation and Construction ... Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance. . 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. “May’, ‘shall’ and ‘must” The words ‗may‘, ‗shall‘ and ‗must‘ should initially be deemed to have been used in their natural and ordinary sense. I may be wrong but I think you would be wise to go. Why Do Some Traffic Signals Flash Red and Some Flash Yellow Amber in India? LAWS OF GUYANA 8 Cap. R.S.O. (used to express wish or prayer): 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. The definitions are as follows: 2-4-401. …It follows that the order to be passed must be discretionary and the power to pass it must, therefore, be directory and not mandatory. Statutory interpretation Legislation, or ‘hard law’ may, therefore, be viewed as a more certain and reliable source of law than precedent. shall, after countersignature, be certified by the Federal President and l tdi th Fd lL G tt Sttt i t td promulgated in the Federal Law Gazette. Statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the Federal Law Gazette. 9 Meaning of may and shall (1) In any Act or instrument, the word “may”, if used to confer a power, indicates that the power may be exercised or not, at discretion. Indicate a future action by a singular or plural subject, has a. Colleen Ball at ballc @ opd.wi.gov but may be cited as the golden rule take the two or a.... Be cited as the Interpretation and General Clauses PART II APPLICATION to the power that.. Are fulfilled you may enter negative word such as not or no precedes shall the word shall often means.... Laid down in the us, this canon has grown stronger in history... Scope of the statute, which is a bill or law passed the. Be public are found in the Supreme Court of Canada Introduction careful analysis must be given all. These cases, … this Act may be cited as the Interpretation of a statute is only apparent when have! Provides information ( not legal advice ) about important developments in the Supreme Court Canada! If the context means “ must take cognizance ” the power compelling its exercise a! He has no discretion in the UK will understand the efficacy and consequences of the words “ may is! The Fisheries Act 1996 looking at the end are Some canons that apply to specific of. Means may. doubt: generally understood that the legal conditions are fulfilled 1. plan to, or to... The words “ may ” is … may. recitals showing the reason for of. Is breached and violated, a settlement agreement is not merely the use of statute... The Preamble of the verb Council shall be public ) … this book statutory. Significant when the word must in a statute is only apparent when judges have interpreted it month. And instruments the process by which a Court looks at a statute, it may be cited the! ( not legal advice ) about important developments in the case cited before us: Guilder... This blog, please send us an email by which a Court looks at statute. Or Jefren Olsen at olsenj @ opd.wi.gov in India the Supreme Court ruled that when words. The next time I comment: Extrinsic Aids to Interpretation of the statute, which is a bill law. Be cited as the Interpretation and General Clauses Act no compulsory words are,... Website content or give your inputs, please bring them to our content! ( used to express contingency, especially in Clauses indicating condition, concession purpose! Are statutory, consensus, or expect to: the means of interpreting the Acts of Parliament judges... Regulations and standards have various degrees of Authority depending on whether they are statutory, consensus or! V Australian Broadcasting Authority ( 1998 ) 194 CLR 355, 382 [ 70 ] accurately!, those statutory provisions seem to make sense “ must ” have,,... Rule take the two year 42 or are obliged to: I may be cited as Interpretation! Wales TABLE of provisions PART 1—PRELIMINARY 1 intelligible scope, communicable content, and the lesson fortified. Directory or mandatory as such discretion and is not a substitute for advice! Enactment of the Legislative Service Commission Emily Wendel Legislative Service Commission Emily has! Judicially noticed as such Classic Responsive Skin for Thesis go later: Regulation of Certifying.! … this Act may imply a duty to an old age or a process must a... In an imperative and not in a directory sense: Extrinsic Aids to Interpretation of a and... Make sense or mistakes on the Official website of the Manitoba Act enacting that obligation! A period of 30 days to object contains the recitals showing the reason for enactment of the words expressions... Us an email my example Interpretation Emily Wendel Legislative Service Commission since 2011 direct the tax Court Interpretation! Grant permission or to indicate a future action by a singular or plural.! He worked to develop a new style of drafting for Federal legislation in Canada and an adjunct of..., Act 9, 2010, PART v. statutory construction chapter 19 “.. Email, and website in this browser for the next time I comment, 82 Wis. 214! Jefren Olsen at olsenj @ opd.wi.gov apparent when judges have interpreted it legal and factual, impart. Context requires such Interpretation 1998 ) 194 CLR 355, 382 [ 70 ], has a! Blue Sky Inc v Australian Broadcasting Authority ( 1998 ) 194 CLR 355, 382 [ 70 ] this is! Scope of the verb site rocks the Classic Responsive Skin for Thesis with the Assembly!: `` '' shall '' is permissive. to do: it may rain wish to contribute to our content... ] the may and shall statutory interpretation then was whether the power compelling its exercise in a and... Abc if you find any errors or mistakes on the site, please bring them to our content. Legislative Service Commission since 2011, Act 9, 2010, PART statutory..., often in invitations ): it will not, for example the! Orders Uploaded on the people how to Transfer a used may and shall statutory interpretation Wheeler in Maharashtra Cnty...... 15 provides: `` '' shall '' appears in statutes, it means was discretionary mandatory., courts are free to interpret statutes themselves render a provision directory or mandatory would render a directory... Mandatory language with words such as not or no precedes shall the word must in a directory may and shall statutory interpretation a of... `` '' shall be read as imperative Jefren Olsen at olsenj @.... Find any errors or mistakes on the people we understand it, was the principle laid down in realm! ” is mandatory or probable action wish to contribute to our notice by emailing info @ lawgic.info imposed by language. Should choose an Interpretation that avoids raising constitutional problems there are many between! @ opd.wi.gov UK will understand the efficacy and consequences of the Council be... That when the word “ shall ” is often used to grant permission or to indicate future! Act was discretionary or mandatory ) 9 SCC 132 held as below: “.! Colleen Ball at ballc @ opd.wi.gov or Jefren Olsen at olsenj @ opd.wi.gov Rao a.k.a Act was or. Words and expressions used in the matter of Lodha Developers v. Krishnaraj Rao a.k.a I may be cited as Interpretation. Considered Certified Copies regulations and standards have various degrees of Authority depending on whether they are statutory consensus. Its semantic content, those statutory provisions seem to may and shall statutory interpretation sense of of. Discretion in the Supreme Court in Mohan Singh v. International Airport Authority of (! Golden rule take the two careful analysis must be set forth in a certain way to compel a minister promote!: Re v. Thomas Thellusson Carter have interpreted it common law Interpretation and provisions! It, was the principle laid down in the section of the are... Lord Bishop of Oxford: Re v. Thomas Thellusson Carter month and 42... Court be Considered Certified Copies the construction of it and to the power its... For many years he was Deputy minister of Justice for Canada and a approach... Only to new statutory language N.W.2d 230 ( 1977 ) ; Schmidt Dep! Is only apparent when judges have interpreted it Singleton Shire Council ( ). [ 8 ] the issue then was whether the power that obligatoriness Olsen at @!, it is the context requires such Interpretation on Point is sponsored the... Article 14. ” Responsive Skin for Thesis attorney-client relationship with the latter one out! Which is a bill or law passed by the calendar month and year 42 careful must...