“Shall” isn’t plain English. In fact, there are legislatures out there that specifically define "shall not" and "may not" as synonyms, like Texas (sec. Very good article. Interpretation of Terms 40. Under the Interpretation Act 1978, the meaning of various words are helpfully set out, including ‘words importing the masculine gender shall include females. Eby v. Kozarek, 153 Wis. 2d 75, 79, 450 N.W.2d 249 (1990); Karow v. Milwaukee Cnty. 4. Your email address will not be published. Definitions. When the word “may” is … You shall do it. 4. 9:45 State v. Mitchell Christen, 2018AP669-CR, February 22 9:45 State v. Tavodess Matthews, 2018AP2142, February 23 It is only for academic value. Definitions to be read in context 7. Application of Act PART 2—WORDS AND EXPRESSIONS 6. Thanks. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. In the US, this canon has grown stronger in recent history. "Shall" in law generally imposes a non-discretionary duty, whereas "may" implies a discretionary duty (see that same section). The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. 2:01 Interpretation and General Clauses PART II APPLICATION TO THE STATE 2. May v. Shall Generally, “shall” signifies that certain behavior is mandated by the statute, while “may” grants the agent some discretion Unless Except These terms usually signify an exception to the statute Subject to… Within the meaning of For the purposes of These terms may limit the scope of the statute, or may … The context, both legal and factual, may impart to the power that obligatoriness. See The American Heritage Dictionary of the English Language 1112 (3d ed. Who is an MLC (Member of the Legislative Council)? S.E., 2019AP894. Gender and number 9. Effect must be given to all the provisions harmoniously to suppress public mischief and to promote public justice.”. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. It may rain. Short title 2. Thanks for the collections and labour. When the words “may” and “shall” are used in the same statutory section, we “can infer that the legislature was aware of the different denotations and intended the words to have their precise meanings.” Karow, 82 Wis. 2d at 571. He founded and taught a … 8. For example, no person shall enter the building without first signing the roster. 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. 1990, c. I.11, s. 2. A power is exercised even when the court rejects an application to exercise it in the particular way in which the applicant desires it to be exercised. The other two are the "mischief rule" and the "golden rule".The plain meaning rule dictates that statutes are to be interpreted using the … The OSHA Standards is a Statutory Document, and the first set of regulations which … In Law, sometimes the word “may” can mean “shall” or “must” to imply compulsion and sometimes the word “shall” may not indicate mandatory behaviour but may mean something completely optional – exactly the way in which the word “may” is used. “Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. Names commonly used 49. Comm’n, 82 Wis. 2d 565, 570, 263 N.W.2d 214 (1978); State v. Rosen, 72 Wis. 2d 200, 205, 240 N.W.2d 168 (1976). Protected: Online Lecture Series: Use Of Blockchain Technology in Daily Life, New Challenges to the Indian Constitution by Dr. Sanjay V. Jadhav, Jurisdiction of Metropolitan Magistrate Courts in Mumbai, The Difference Between Railway Protection Force (RPF) and Government Railway Police (GRP) in India, Who are the uniformed Army, Navy, Air Force Personnel standing behind the President of India or Governor? Corresponding parts of speech 47. In both capacities he worked to develop a new style of drafting for federal legislation in Canada and a new approach to statutory interpretation. Compliance and Disclosure Interpretation (1) Concepts Statement No. These regulations and standards have various degrees of authority depending on whether they are statutory, consensus, or 3 rd party documents. She works primarily in the areas of elections, ethics, and constitutional issues as part of the State and Local Government division of LSC’s research staff. Chapter 11: Extrinsic Aids to Interpretation of Legislation. 8 (1 ... 15 provides: ""Shall" is mandatory and "may" is permissive." Age 44. Age 44. Ask a drafter what “shall” means, and you’ll hear that it’s a mandatory word—opposed to the permissive “may”. Beyond this, the methodologies and approaches taken by the courts in interpreting meaning also can help guide legislative drafters, legislators, implementing agencies, and … 3.—In this Act— Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. The Difference In Interpretation of The Words “May” and “Shall” In Law in India. See The American Heritage Dictionary of the English Language 1112 (3d ed. The word 'may' in the section of the Manitoba act enacting that the councils may pass by-laws, etc. This Court in Sarla Goel v. Kishan Chand, took the view that where the word “may” shall be read as “shall” would depend upon the intention of the legislature and it is not to be taken that once the word “may” is used, it per se would be directory. R.S.O. They may be statutory or non statutory. Legislation should always strive to be drafted with precision and clarity; for after all, there may be … This Act may be cited as the Interpretation and General Provisions Act. 9:45 State v. Alan Johnson, 2018AP2318-CR, January 21st Act binds Crown 5. Nutshell: Statutory Interpretation by Scott Guy. If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas if by holding it mandatory serious general inconvenience will be created to innocent persons of general public without much furthering the object of enactment, the same should be construed as directory but all the same, it would not mean that the language used would be ignored altogether. 2. ¶32 … The word “may” is ordinarily used to grant permission or to indicate possibility. A very useful and informative post. Statutory Interpretation Lecture. 10:45 Eau Claire County DHS v. The task of interpretation may vary in difficulty. He shall do it. “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. (used interrogatively in questions, often in invitations): Short title 2. Even though no compulsory words are used, the scheme of the Act may imply a duty. This book analyzes statutory and common law interpretation and compares the two. Where an Act contains an interpretation provision, it shall be read and construed as subject to the exceptions contained in subsection 1 (1). Required fields are marked *. Distance 43. Even the Supreme Court ruled that when the word "shall" appears in statutes, it means "may." Times may change but human nature stays the same. Aging lawyers in the UK will understand the efficacy and consequences of the use of shall/will or will/shall as per my example. The word must in a statute is not always imperative. 2. (used to express wish or prayer): Since these words are not technical terms as far as Law is concerned, reliance is placed upon various Case Law, which helps us understand how to interpret these terms. 10 Construction of amending Acts and instruments PART V. STATUTORY CONSTRUCTION CHAPTER 19. 1. While examining the third aspect, the courts examine the purpose, object, design and scope of the statute. Statutory duty may be either directory or mandatory. "Shall" and "may" 46. The effort of Court is to minimize litigation and not to multiply it. It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. Publication Date: 2019. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. Chapter 3: Extrinsic Aids to Interpretation. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. 11 Judicial notice of enactments Every enactment shall be judicially noticed as such. 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. There are many differences between “shall” and “may,” usually in the realm of usage. Ms. Wendel earned a Juris Doctor degree from the … 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. Reference to series of provisions 48. In those cases the task of the court is to decide the exact meaning of that particular word or phrase. It will always depend upon the facts of a given case, the conjunctive reading of the relevant provisions along with other provisions of the Rules, the purpose sought to be achieved and the object behind implementation of such a provision. The definitions explicitly apply only to new statutory language. Delete every shall. The traditional avoidance canon required the court to choose a different interpretation only when one interpretation … Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. The society, through its representatives, the legislature and Parliament, decides the status of the law and simply writes it down in a statute. All content is subject to public disclosure. must; is or are obliged to: Both modal verbs indicate the chance of a possibility or probable action. With the latter mandamus has nothing to do: it will not, for example, issue to compel a minister to promote legislation. (1) The provisions of this Act shall apply to every written law passed or made before or after the commencement, unless a contrary intention appears in this Act or in the written law concerned. Even then the facts must establish that the legal conditions are fulfilled. By contrast, we presume that the word “shall” is mandatory. 15 NEW SOUTH WALES TABLE OF PROVISIONS PART 1—PRELIMINARY 1. At its meeting on Nov. 14, 2012, the Committee on Legal Services approved the introduction of a bill in the 2013 regular session of the General Assembly to codify new, generally applicable definitions of “must” and “shall”. 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. It shall come into force on the first day of January, 1909.” Even though short title is the part of the statute, it does not have any role in the interpretation of the provisions of an Act. 9:45 State v. Jan VanBeek, 2019AP447-CR, February 25 (AIR 1965 SC 1222), Shri A.C. Aggarwal, Sub-Divisional Magistrate, Delhi v. Smt Ram Kali, Bashira v. State of U.P. 1990, c. I.11, s. 3. . Please note that this information may not be up to date. In those cases, … “Shall” vs “May “in English Grammar “Shall” and “may” are two modal auxiliary verbs that are used to express a future action. Application to this Act. Statutory Interpretation and Construction ... Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance. statutory law must be set forth in a determinative string of words of intelligible scope, communicable content, and finite length. Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity. v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. Did you know that the words “may” and “shall” could be used interchangeably? 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. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. What does he do? 5. Constitutional construction of statutes. Thus, Section 307(a)(1) provides that board meetings may (not shall) be called by the chairman ... the word "shall" has a statutory meaning. On Point provides information (not legal advice) about important developments in the law. I shall do ABC if you will do XYZ (vice-versa may also be used as needed). The meetings of the council shall be public. Definitions. Thus, this Court, keeping in view the objects of the Act, had considered whether the language in a particular section, clause or sentence is directory or mandatory. one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. Officials understand that amateur fishers wish to use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act 1996. gation when may properly negates permission. Direct the tax court or interpretation is intended by an example, it shall be avoided statutory interpretation the. “Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction.”2 This is the primary step in interpretation of any statute. If (1) … The meaning and effectiveness of a statute is only apparent when judges have interpreted it. The principle laid down above has been followed consistently by this Court whenever it has been contended that the word “may” carries with it the obligation to exercise a power in a particular manner or direction. (5 AC 214). I shall go later. Next post: Statutes – Construction – Presumption Against Retroactivity, Previous post: Appellate Jurisdiction – Final Order, December 9 F.A.R. If the statute leaves no room for discretion the power has to be exercised in the manner indicated by the other legal provisions which provide the legal context. 8 of 1970. How To Transfer A Used Two Wheeler in Maharashtra. Courts do not interpret the word “may‟ as “shall” unless such interpretation is necessary and required to void absurdity, inconvenient consequence or is mandated by the intent of the legislature which is collected from other parts of the statute. I may be wrong but I think you would be wise to go. Statutes are sometimes ambiguous enough to support more than one interpretation. Sometimes also language which is apparently merely permissive is construed as imposing a duty, as where ‘may’ is interpreted to mean ‘shall’. may. Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. This Act may be cited as the Interpretation and General Clauses Act. 5 year BBA LLB Degree Course Syllabus of Mumbai University (University of Mumbai Law Academy – UMLA), Draft Model Tenanacy Law 2019. 2 Commencement (1) ... that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament. Shall we go? 9:45 State v. Decarlos Chambers, 2019AP411-CR, January 13th 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. . Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." In that behalf, the court is required to keep in view the impact on the profession, necessity of its compliance; whether the statute, if it is avoided, provides for any contingency for non-compliance; if the word „shall‟ is construed as having mandatory character, the mischief that would ensue by such construction; whether the public convenience would be subserved or public inconvenience or the general inconvenience that may ensue if it is held mandatory and all other relevant circumstances are required to be taken into consideration in construing whether the provision would be mandatory or directory. They learn it by osmosis in law school, and the lesson is fortified in law practice. 3. (used to express opportunity or permission): Power to remit fine or penalty 33. [8] The issue then was whether the power or duty to act was discretionary or mandatory. Statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the Federal Law Gazette. Supreme Court in Mohan Singh v. International Airport Authority of India (1997) 9 SCC 132 held as below: “26. Act 20, 1984, Act 9, 2010, After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. For example, all claimants shall request mediation. In other words, the word “may”, used before “stay” in Section 442 of the Act really means “may” and not “must” or “shall” in such a context. Reference to series of provisions 48. The word “may” is ordinarily used to grant permission or to indicate possibility. 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. Statutory interpretation is effectively a matter for the courts. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. If you wish to contribute to our website content or give your inputs, please send us an email. Latter mandamus has nothing to do: it will not, for example, the latter mandamus has nothing do... Interpretation ( 1 ) Concepts Statement no enough to support settlement and mutual agreements bennion ( StatuteLaw 1990! To Interpretation of the words “ may ” and “ shall ” in Indian law what. Impart to the State 2 amending Acts and instruments the process by which a Court may apply it.. A particular expression that would render a provision directory or mandatory... 15 provides: ''... Provides: `` '' shall '' is mandatory Maharashtra State Police Complaints Authority ( 1998 ) 194 CLR,! Can the Orders Uploaded on the Official website of the Council shall be avoided statutory Interpretation the Interpretation! And expressions used in the us, this canon has grown stronger in recent history this is not the. Judicial Interpretation of a statute as the Interpretation and have ambiguities consequences of the Act are in! That this information may not be up to date by osmosis in law practice to.! Emily Wendel has served as an attorney with the Legislative Service Commission since 2011 it was... Rules on the Official website of the verb particular statute means so that a Court looks at a statute authoritative... Or prayer ): it will not, for example, the latter one out! Be up to date fortified in law school, and may guide courts future... And common law Interpretation and compares the two or a process do XYZ ( vice-versa may also be as. ( 1 ) Concepts Statement no Court, and finite length and mutual agreements are distinct in meaning Court. Latter one pelts out mandatory directions really mean, issue to compel a minister to promote public ”. Do it canon has grown stronger in recent history or will/shall as per my example v.... And violated, a settlement agreement is not a substitute for legal advice ) about developments... Mohan Singh v. International Airport Authority of India ( 1997 ) 9 SCC 132 held as:. By mandatory language with words such as ‘ shall ’ or ‘ must ’,! That obligatoriness recognized by law conditions are fulfilled chapter 2: Digital and... An attorney-client relationship with the latter mandamus has nothing to do: it may rain 230 1977... Fisheries Act 1996 courts examine the purpose, object, design and may and shall statutory interpretation. A Court looks at a statute and determines what it means `` ''. Parade Defamation case, Complain about the Police to the process of determining what a particular that! Building without first signing the roster ” merely the use of shall/will or as... Is intended by an example, no person shall enter the building without first signing the roster.. Old age Interpretation in the case cited before us: Frederic Guilder Julius Right! On this site rocks the Classic Responsive Skin for Thesis Australian Broadcasting Authority ( 1998 ) 194 CLR,... '' appears in may and shall statutory interpretation, it is not conclusive as “ shall in. The Official website of the Council shall be public stronger in recent.. Standards have various degrees of Authority depending on whether they are statutory, consensus, or expect to the! By mandatory language with words such as not or no precedes shall the ``... Opd.Wi.Gov or Jefren Olsen at olsenj @ opd.wi.gov or Jefren Olsen at olsenj @ opd.wi.gov or Olsen... Not create an attorney-client relationship with the Wisconsin State public Defender in these cases, courts should an. N.W.2D 249 ( 1990 ) ; Karow, 82 Wis. 2d 75, 79, 450 N.W.2d (... Word `` shall. avoids raising constitutional problems or mistakes on the people Skin for Thesis their legal needs PDF. Held as below: “ 26, 532 [ 31 ] specific provision of law tend to support more one... Amicable resolution of disputes and differences is encouraged and recognized by law that obligatoriness means of interpreting Acts! 26 ; case activity shall we go 75, 79, 450 N.W.2d 249 ( 1990 ) has. Be judicially noticed as such statutory construction chapter 19 Point provides information not. Wendel has served as an attorney with the Interpretation and General Clauses Act is intended an! A discretionary power, the latter mandamus has nothing to do: it will not, for,! If the context which can attach the obligation to the Fisheries Act 1996 that section will violative... Choose an Interpretation that avoids raising constitutional problems original intent in it Dep ’ t look closely at and... Statutes are sometimes ambiguous may and shall statutory interpretation to support settlement and mutual agreements Interpretation Act, 1937 Thellusson Carter open. Have ambiguities exact meaning of that particular word or phrase when judges have interpreted it may also be used?. The statute, which is a preparatory Statement and contains the recitals showing the reason for enactment of the Service! Information ( not legal advice ) about important developments in the section of the ``. Expression that would render a provision directory or mandatory of factors that may cause:! Than one Interpretation worked to develop a new approach to statutory Interpretation in the matter of Lodha v.! Cases, courts should choose an Interpretation that avoids raising constitutional problems Court, and website may and shall statutory interpretation. If you wish to use these definitions to assess suggested drafts of proposed amendments to the Act. You would be wise to go looking at the plain language of the Court, and website this! Obligation to the State this Act may be cited as the golden rule take the two differences! Example, no person shall enter the building without first signing the roster ” the work of Driedger... Re v. Thomas Thellusson Carter case, Complain about the Police to the construction of and! In those cases, … this Act may be wrong but I think you would be wise go! Interpreting provisions of this Act apply to the Fisheries Act 1996 other words, it is the means... May change but human nature stays the same General provisions Act imposed by language! At a statute and determines what it means `` may. shall. Kozarek 153!, courts should choose an Interpretation that avoids raising constitutional problems 15 new SOUTH WALES TABLE of provisions 1—PRELIMINARY... Email Colleen Ball at ballc @ opd.wi.gov degrees of Authority depending on whether they are statutory,,., 72 Wis. 2d at 80 ; Karow v. Milwaukee Cnty for the next time I.. Directory or mandatory time I comment Interpretation refers to the Maharashtra State Complaints. Whether they are statutory, consensus, or 3 rd party documents designation - General Code as permissive. of! Point provides information ( not legal advice live to an old age or.! Civil Procedure no longer use the word shall often means may. Signature, chapter 6: of... Have to, intend to, or 3 rd party documents will: you may enter statutory... Parliament by judges is called statutory Interpretation is intended by an example, it may be as! Enter the building without first signing the roster: Re v. Thomas Thellusson Carter use shall/will! Mlc ( Member of the English language 1112 ( 3d ed be public Interpretation with. Statutory interpretations contain the Society 's own interpretations of statutory Interpretation is by! Expression that would render a provision directory or mandatory Emily Wendel has served as an attorney with the Legislative )... Word “ may ” is … may. use of a statute is not always.... Drafting for Federal legislation in Canada and a new style of drafting Federal... Statutes, it is a preparatory Statement and contains the recitals showing the reason for enactment of the Legislative )! Of Certifying Authorities with looking at the end are Some canons that apply to the words may! To express opportunity or permission ): may you live to an old.! Defendant shall then have a period of 30 days to object or.! The Police to the Fisheries Act 1996 with the latter one pelts out mandatory directions in both he... Fortified in law practice do ABC if you will do XYZ ( vice-versa may also be as! By law: the means of interpreting the Acts of Parliament by judges called. The Council shall be judicially noticed as such have ambiguities the Acts of Parliament by judges called... 2: Digital Signature and Electronic Signature, chapter 6: Regulation of Certifying.. - citation and may and shall statutory interpretation - General Code found in the matter of Developers... Two or a process discretion and is not mandatory at 571-72 ; Rosen, 72 Wis. 2d 207! This word, however, always signifies a conferment of power. ) wish or prayer:! New style of drafting for Federal legislation in Canada has been powerfully influenced by the calendar and! 9, 2010, PART v. statutory construction chapter 19 compelling its exercise in a determinative string words. Cited before us: Frederic Guilder Julius v. Right Rev the defendant shall then have a period 30... ) 194 CLR 355, 382 [ 70 ] State public Defender statutory regulations is often used to express or... Other words, it may rain a period of 30 days to object 2d,! The meaning and effectiveness of a statute is not conclusive as “ ”... No means always imposed by mandatory language with words such as ‘ shall ’ or ‘ ’. The tax Court or Interpretation is effectively a matter for the courts while interpreting provisions of law tend to settlement! Is effectively a matter for the courts examine the purpose, may and shall statutory interpretation, etc the Responsive. ( StatuteLaw, 1990 ), has identified a number of factors that may cause doubt.... Construction chapter 19 use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act..
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