ABSTRACT
The hallmark of 19th and 20th century doctrines of interpretation has been that they premise themselves on the principle that a court ought to interpret law as it stands. Function of the court is to interpret the language of a statute, whereas it is for the legislature to make enactments and for the courts to enforce such enactments. Courts are not legislators, they have to carry out loyally the directions of legislature. Two models of interpretation stands in present world, agency and partnership model. According to the agency model while interpreting a statute, the Court has to discover the intent of legislature or the purpose behind legislation. Partnership model views Court as a partner in legislative enterprise with legislature, hence, while interpreting a statute the Court should seek a sensible so as to avoid rigors of law. Judge does not create normative text but rather gives it meaning. The static vision of statutory interpretation prescribed by traditional doctrine is strikingly outdated. Interpretation of a statute evolves over time because of changing factual contexts and the changing perspectives of its interpreters. Statutory interpretation should appropriately balance a number of factors, including predictability and certainty, economic efficiency, fairness, and the public interest.
Asher, Aitizaz, Law-making is the Regime of Legislature: A Critical Overview of Partnership Model (December 27, 2021).
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