Scribd
Upload
41 views3 pages

Difference Between Interpretation and Construction

Uploaded by

abha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
41 views3 pages

Difference Between Interpretation and Construction

Uploaded by

abha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Difference Between Interpretation and Construction

The statute is defined as the will or order of legislature, which is expressed in the form of text.
The traditional way to interpret or construe a statute is to understand the intention of the
legislature. The intention of the legislature could incorporate the actual meaning and the object.
The process of interpretation and construction assist the judiciary body in determining the
meaning and purpose of the legislature. Interpretation helps in determining the real meaning
and intention of the legislature.

On the other hand, construction is used to ascertain the legal effect of the legal text. The two
terms are used interchangeably, but there exists a fine line of difference between interpretation
and construction in their connotations. So, check out this article in which we’ve simplified it for
you.

Content: Interpretation Vs Construction

1. Comparison Chart

2. Definition

3. Key Differences

Comparison Chart

Basis for
Interpretation Construction
Comparison

Meaning Interpretation implies the Construction means drawing inferences about the
identification of true sense of subject, that are above the direct expression of
the statute. text.

Determines Linguistic meaning Legal effect

Used when Court complies with simple Legal text exhibits ambiguous meaning and the
meaning of the legal text. court has to decide whether the words used in th
legal text covers the case or not.
Definition of Interpretation

The term ‘interpretation of the statute’, means an understanding of the law. It is the process
adopted by the courts to determine the meaning of legislature, by way of legislative form. It is
used to ascertain the actual connotation of the act or document along with the intention of the
legislature. It tends to clarify the meaning of those terms and writings which are difficult to
understand.

The process of enactment of the law and its interpretation takes place at different points of time
and performed by two different government bodies. The interpretation of an act creates an
understanding between these two and bridges the gap.

It aims at finding out the intention of the author, i.e. the court needs to identify, what the author
means by the words he/she has used in the text, that helps in getting what is written in the
document. In short, interpretations object to ascertain the intention of the statute by the words
used.

Definition of Construction

In law, ‘construction’ means the process of legal exposition which determines the sense and
explanation of abstruse terms, writings etc. in the statute a----nd draws a conclusion on the basis
of logical reasoning, with respect to the subject that lies above the direct expression of the legal
text.

The basic principle of construction of a statute is to read it in a literal manner, meaning that by
elucidating the words used in the statute, ordinarily and grammatically, if it results in ambiguity
and is likely to convey another meaning then the court can opt for its literal meaning. However,
if no such absurdity is possible, the fundamental rules of interpretation can be adopted.

Key Differences Between Interpretation and Construction

The difference between interpretation and construction can be drawn clearly on the following
grounds:
1. In law, interpretation refers to, understanding the words and true sense in the provisions
of the statute. On the other hand, construction is described as drawing conclusions, in
relation to the case, that lie beyond the outright expression of the legal text.

2. While interpretation is all about the linguistic meaning of the legal text, Construction
determines the legal effect of the words and writings of the statute.

3. When the simple meaning of the legal text is to be drawn, then that will be called an
interpretation. Conversely, when the literal meaning of the words used in the legal text
results in ambiguity, then construction is opted, to decide whether the case is covered by
it or not.

You might also like