Intricacies of Statutory Interpretation Intertwined with the Role and Approaches of Judges

  • Rekha Anand
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  • Rekha Anand

    Student at Symbiosis Law School, Pune, India

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Interpretation of Statues has a broad connotation and an enriching history deeply rooted in the common law tradition. The essence of the principles of interpretation, on one hand seeks to entrust discretion to the judges to widen meaning to the immediate textual problem by tailoring in the legislative primacy. However, on the other hand, the principles seemingly restrain the judiciary from encroaching on the legislative field despite the several legislative discrepancies. The central theme of the paper is “Interpretation of statues with critical analysis of the role and approaches of judges” entails the study of two popularized theories of Purposivism and Textualism with their contrasting features. The author further attempts to cover the four methods of interpretation by Benjamin Cardoza whilst incorporating a conscious and subconscious element. The author also aims to present the boundaries of Judiciary and legislative by proving their interdependence on one another.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 555 - 565


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