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engages in the analysis of statute discerment of their jurisdiction in accordance with certain approaches, rules and presumptions. In the literal or textual approach, the intention of the legislatur must be found in the ordinary and natural meaning of the words used. Words which are reasonably capable of only one meaning must be given that meaning regardless of the result. Whereas, in the purposive approach, the statute is construed in accordance with it’s spirit. Any ambiguity must be resolved and absurd results avoided.
There are some rules applied to determine the domain of the statute, such as: “the statute must be read as a whole”, “penal and taxing provisions are construed strictly”, “The mischief rule” and “the ejusdem generis rule.”
There are also some presumptions related to the construction which protect the legal system and it’s basic rules and concepts. Presumption against “alteration of law”, “deprivation of the vested rights”, “imposition of liability without fault”, “ousting the jurisdiction of the courts” and “derogation from constitutional rights and international law”. Clear words or necessary implication may override these presumptions.
Finally, there are two classes of aids to the construction which play there own role, “internal aids” and “external aids”.