01.
Interpretation means
the art of finding out the true sense of an enactment by giving the words their
natural and ordinary meaning whereas Construction means drawing conclusions in
the basis of the true spirit of the enactment. (Cooley, Constitutional Limitations,
Vol-1, p.91)
02.
Interpretation takes
place when we look for the original meaning of the constitution. All other
forms of constitutional analysis engage in construction
03.
Interpretation takes
place when the meaning of the constitution is clear (by any broadly accepted
theory of constitutional interpretation). Construction takes place when the
meaning of the constitution is contested.
04.
Originalists engage
in interpretation, even when they focus on original intentions, expectations or
methods. All other forms of constitutional analysis engage in construction.
05.
Courts may only
interpret the constitution. Elected officials are free to construe the
constitution.
06.
To find out the real
meaning of any legislation is the main function of interpretation.On the other
hand, construction is applying to find out the general and simple meaning of a
statute.
07.
Interpretation is the
activity of identifying the semantic meaning of a particular use of lan‐ guage
in context. Construction is the activity of applying that meaning to particular
factual circumstances.
08.
By interpretation we find out the way of
analysis of any statute. By construction we try to conclude it.
09.
Interpretation is
the activity of discerning the
linguistic meaning in context (or communicative content) of a legal text. Construction is the activity of determining the legal effect (or
legal content) of a legal text.
10.
Interpretation resolves ambiguity but
construction creates subsidiary rules to resolve that vagueness.
11.
Interpretation is just a broad word for how someone
construes a statute or the constitution.
Construction is an interpretation method where the words of the law are vigorously followed.
Construction is an interpretation method where the words of the law are vigorously followed.
Case References:
"Interpretation
involves ascertaining the meaning of contractual words; construction refers to
deciding their legal effect." Fashion Fabrics of Iowa v. Retail Investment
Corporation, 266 N.W. 2d
25 (Iowa 1978).
The
very concept of interpretation connotes the introduction of elements which are
necessarily extrinsic to the words of the statute.Though the words
‘interpretation’ and ‘construction’ are used interchangeably,the idea is
somewhat different.
[CWT v.
Hashmatnnisa Begum (AIR 1989 SC 1024)]
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