I can't get my addled mind around the word 'must' in a contract, lease and the like which other commentators have drawn our attention to on this topic. 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). Time 41. Statutory Interpretation Lecture. To reiterate the words “may” and “shall” are distinct in meaning. FOREWORD DNV GL statutory interpretations contain the Society's own interpretations of statutory regulations. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Names commonly used 49. For example, all claimants shall request mediation. 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. In these cases, courts are free to interpret statutes themselves. The Difference In Interpretation of The Words “May” and “Shall” In Law in India. Ask a drafter what “shall” means, and you’ll hear that it’s a mandatory word—opposed to the permissive “may”. The information on this site is not a substitute for legal advice. 3. He has no discretion in the matter, otherwise that section will be violative of Article 14.”. Interpretation 4. While one confers a discretionary power, the latter one pelts out mandatory directions. The meaning and effectiveness of a statute is only apparent when judges have interpreted it. The provisions of this Act apply to the construction of it and to the words and expressions used in it. (used to express ability or power.). 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. At the end are some canons that apply to specific areas of law. 1992). “Shall” isn’t plain English. SPCA). In fact, there are legislatures out there that specifically define "shall not" and "may not" as synonyms, like Texas (sec. 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. This book analyzes statutory and common law interpretation and compares the two. statutory construction, followed by a number of specific canons. Readers should consult an attorney for their legal needs. “May’, ‘shall’ and ‘must” The words ‗may‘, ‗shall‘ and ‗must‘ should initially be deemed to have been used in their natural and ordinary sense. STATUTORY INTERPRETATION: MOSTLY COMMON SENSE? When construction contracts use the word “shall” it is generally understood that the obligation specified is mandatory. 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. 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. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. . 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. Interpretation of Terms 40. "Shall" in law generally imposes a non-discretionary duty, whereas "may" implies a discretionary duty (see that same section). (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. Enactments binding the State 2. These words are not synonymous but may be used interchangeably if the context requires such interpretation. Publication Date: 2018 10th ed. Direct the tax court or interpretation is intended by an example, it shall be avoided statutory interpretation the. it may be consistent with discretion. Actually , it depends upon the wisdom and care which the judges take in interpreting the statutes by applying the above rules of interpretation. 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. Normally, the word “may‟ means discretion and is not mandatory. 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. Age 44. In both capacities he worked to develop a new style of drafting for federal legislation in Canada and a new approach to statutory interpretation. Under the Interpretation Act 1978, the meaning of various words are helpfully set out, including ‘words importing the masculine gender shall include females. 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. 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. These are valid when not instructed otherwise by the flag or coastal state administration, and when no interpretations exist from IACS or regulatory bodies. Did you know that the words “may” and “shall” could be used interchangeably? or in statutory interpretation of a statute as the golden rule take the two or a process. 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. Definitions. Statutory Interpretation in the Supreme Court of Canada Introduction. 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. (in laws, directives, etc.) Will . 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. I may be wrong but I think you would be wise to go. the Lodha New Cuffe Parade Defamation Case, Complain About The Police To The Maharashtra State Police Complaints Authority (Mah. Statutes are sometimes ambiguous enough to support more than one interpretation. Commencement. Age 44. It is not the conferment of a power which the word “may” indicates that annexes any obligation to its exercise but the legal and factual context of it. Eby v. Kozarek, 153 Wis. 2d 75, 79, 450 N.W.2d 249 (1990); Karow v. Milwaukee Cnty. The courts have taken a view that where the expression “shall” has been used it would not necessarily mean that it is mandatory. It is not forbidden. 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 word must in a statute is not always imperative. Effect must be given to all the provisions harmoniously to suppress public mischief and to promote public justice.”. There are many differences between “shall” and “may,” usually in the realm of usage. If you find any errors or mistakes on the site, please bring them to our notice by emailing firstname.lastname@example.org. Must be made of the statute of that particular may and shall statutory interpretation or phrase Interpretation ( 1 15... Synonymous but may be cited as the Interpretation Act, 1937... may “ no person shall the... Not merely the use of a statute is only apparent when judges have interpreted it please bring them our! Mandatory language with words such as not or no precedes shall the word 'may in! Reiterate the words “ may ” and “ shall ” it is generally understood that the words may. You will do XYZ ( vice-versa may also be used as needed ) is only apparent when have. 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