This note will discuss the meaning of interpretation, the main purpose of interpretation, why the courts interpret, the legal basis of the courts’ power to interpret, and the scope of the law of interpretation.
In a previous note, it was highlighted that interpretation is not arbitrary; it is underpinned by rules. Those rules can be categorised as basic rules, aids to interpretation, presumptions, and special and binding rules.
This note will discuss the basic rules for interpreting non-statutory documents, such as deeds, contracts, wills, and conveyances. The note begins by providing a brief overview of these non-statutory documents. It then discusses the rules for interpreting these documents, especially those stated in Biney v. Biney [1974] 1 GLR 318-336.
This note will briefly define a Will, its ambulatory nature, the common terms associated with Wills, and the rules for the construction or interpretation of Wills.
Under the common law, there are three distinct rules of statutory interpretation: the literal rule, the golden rule, and the mischief rule. These three rules are now discussed.
In a previous note, we discussed the literal rule, the golden rule, and the mischief rule as the three basic rules for statutory interpretation. Several approaches to interpretation have evolved from these three basic rules. These approaches are textualism, intentionalism, strict-constructionism or literalism, originalism, and the purposive approach. This note provides a quick overview of these approaches and discusses each in a subsequent note.
In a previous note, we provided an overview of various approaches to statutory interpretation. In the present note, we will discuss textualism as an approach to statutory interpretation. The note extensively discusses the meaning and scope of textualism, its variants, and its applicability in case law.
In a previous note, we provided an overview of various approaches to statutory interpretation. In the present note, we will discuss intentionalism as an approach to statutory interpretation. The note examines the meaning and scope of intentionalism, its applicability within the Ghanaian legal system, and some criticisms.
In a previous note, we provided an overview of approaches to statutory interpretation. In this note, we will discuss strict constructionism as an approach to statutory interpretation. The note examines the meaning and scope of strict constructionism, its differences from textualism, and its applicability within the Ghanaian legal system.
In a previous note, we provided an overview of approaches to statutory interpretation. In this note, we will discuss the purposive approach to the construction of statutes. The note will explain what the purposive approach means, how it is conceptualised by Francis Bennion and Aharon Barak, and its applicability in Ghana.
This note will briefly discuss the meaning of aids to interpretation, their role in interpretation, the provisions of the Interpretation Act, 2009 (Act 792) regarding their use, and highlight the forms of aids to interpretation.
This note will briefly explain the meaning of internal aids to interpretation and highlight the major parts of statutory and non-statutory documents.
Non-statutory documents include contracts, wills, and conveyances, among others. These instruments contain operative and non-operative parts. In this note, we will discuss the various parts of non-statutory instruments. These parts are broadly divided into non-operative and operative parts. Under each of these parts, there are sub-parts that deal with distinct functions within the instrument and, collectively, aid in giving effect to the intention of the parties or the maker of the document.
Statutes consist of operative or enacting parts and non-operative parts. These parts, and the sub-parts they contain, may aid in the interpretation of the statute. This note will discuss the various parts of a statute and how they aid in interpretation.
This note will briefly explain what external aids to interpretation are, highlight some general external aids for the interpretation of both statutory and non-statutory documents, and highlight the external aids for the interpretation of statutory and non-statutory documents.
In a previous note, we highlighted the external aids to the interpretation of non-statutory documents. The aids highlighted were the contra proferentem rule, falsa demonstratio non nocet rule, expressio eorum quae tacite insunt nihil operatur maxim, and the expressum facit cessare tacitum maxim. This note discusses these aids in detail.
In a previous note, we highlighted the external aids to interpreting statutes and the Constitution. The aids highlighted were legislative history, contemporanea expositio, and the directive principles of state policy. This note discusses these aids in detail.