Judiciary-Poetry-Logo
JPoetry

IF A STATUTE IS PLAIN, THE DUTY OF INTERPRETATION DOES NOT ARISE

Reach more audience. Place advert here.

Dictum

In CAMINETTI V. UNITED STATES, 242 U.S. 470 (1917), the Court while applying the Literal rule of interpretation in its reasoning held thus: “It is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the Court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion.”

Was this dictum helpful?

SHARE ON

PREAMBLE MUST BE HAD IN MIND WHILE APPLYING SECTIONS OF THE LAND USE ACT

The preambles to the Land Use Act, If looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

STATUTES ARE TO BE GIVEN THE ORDINARY MEANING

It is a settled cardinal principle of statutory interpretation that where, in their ordinary meaning the provisions are clear and unambiguous effect should be given to them without resorting to external aid. The duty of the court is to interpret the words of the statute as used. Those words may be ambiguous, but even if...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

PROVISION OF STATUTES ARE TO BE TAKEN AS A WHOLE

The position of the law is that when interpreting statutes, the provisions of the statute are to be taken as a whole and the review of any section therein cannot be severed from other sections. – H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013 Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MARGINAL NOTE IS HELPFUL IN CONSTRUCTION OF A SECTION

Although the marginal note in a section is not part of the section, it is helpful even if occasionally misleading to construction, as a sign post to what the section sets out to provide. – Karibi-whyte JSC. Idehen v. Idehen (1991) – SC. 271/1989 Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MEANING OF “SUBJECT TO”

Megarry J in Clerk Ltd. v. Inland Revenue Commissioners (1973) 2 All E.R.513 at 520: “The phrase ‘subject to’ is a simple provision which merely subjects the provisions of the subject subsection to the provisions of the master subsections. Where there is no clash, the phrase does nothing; if there is collision the phrase shows what is to prevail.”

Was this dictum helpful?

LIBERAL CONSTRUCTION SHOULD BE GIVEN TO CONSTITUTIONAL INTERPRETATION

It is that the provisions of the Constitution are to be given liberal construction so as to best carry out the intention of the founding fathers. Their construction is not to be guided by the construction of other constitutions in other common law jurisdictions unless similar provisions in pari materia were in question. This Court...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.