WHAT IS INTERPRETATION?
1
DEFINTION OF INTERPETATION (ITT)
1.) No clearly settled definition of ITT.
2.)Per Justice Kyei Baffour, ITT is the process to
determine scope, ambit and effect of a legal
text(LT). (is anything deficient with this definition?)
3.LT may refer to (a)non statutory (b)statutory (c)
constitutional; documents.
4. Raw material to interpret LT are word and
phrases.
5. However, ITT is beyond words and phrases
making the definition in clause 2 problematic.
6. Per Odgers ITT process find meaning of word
and their legal effect.
7. Again Odgers definition not sufficient because
word must include both what has and hasn’t
been expressed and legal effect.
8.ITT find legal meaning from semantic meaning.
9. Per Cross, ITT process to determine meaning of
statutory provision with the purpose of apply the
provisions.
10. Per Aharon Barak, ITT is:
(a)a rational process; (b)to determine meaning
of LT from the language;
(c) for the purpose of identifying right and
obligation;
(d)in the context of a particular fact b4
interpreter.
11. If interpreter uses purposivism Barak is right but
if uses another system, like originalism then he is
wrong.
12. ITT is Rational process (its not like a coin toss to
determine meaning, there are rules)
13.Through rational activity we bring the
normative concept.
14. The normative concept/ meaning is trapped
in the LT and interpreter extract rational meaning.
15. Word and phrases are raw materials for
interpretation.
2
NARROW &BROAD
2.1
Narrow School ITT
1. Where provision of text clear, no need for ITT:
a).Gbedemah v Awoonor William, no need to
interpret when constitutional provision is clear.
b)Justice Abdulai v AG case, Kulendi JSC when
provision of constitution is clear no need for
interpretation.
c)Maikankan v R, where constitutional provision is
clear, it must be applied without making
reference to SC.
2. Where provision so clear, no ambiguity or
vagueness, no need for ITT arises
2.2
Broad School ITT
1.) No text clear unless interpreted.
2.) To arrive that text is clear, it must involve ITT.
3.)They believe narrow school too simplistic.
4.) To determine provision is inherently clear it
need ITT.
5.Per Aahron, assertion that where text clear
there is no need for ITT is(a) incorrect and (b)
dangerous since it mask unconscious act of
interpretation.
(6) Re Dadzie (decd) enunciates the broad
school of ITT.
(a) although shares as it relates to a company
has a clear meaning, it became subject matter
of interpretation within the peculiar fact of the
case.
(b)Testator bequeath the shares in his hotel
company to certain persons; subsequently, the
hotel company became defunct and the
testator converted the hotel property into a
rental accommodation business (sole
proprietorship)
(c) the testator made no changes to the will after
the conversion.
(d)The issue here is w/n the testamentary
disposition that relate to the share has failed; or
shares be interpreted as benefit accrued from
the rental business.
(e) the court modify ordinary meaning of shares
to avoid absurdity and construe shares based on
the rental income accrued from the building.
(f)court stated that It is not necessarily the
etymological or ordinary sense of the word used
must be adhered to but meaning that author
intended.
(g)If meaning of shares is fixed, it will not fit in the
interpretation given by the court.
(h)Looking for the normative meaning and not
the linguistic meaning.
(7)Re Amartefio (decd) also illustrate the
principle.
(a)The testator bequeaths 20 pounds of rental
income to spouse when total rent was 100
pounds.
When the estate of testator was administered the
rental income was over 1000 pounds.
(b)What was to be interpreted was whether the
surviving spouse entitled to 20 pounds stated or
the 20% of annual rental income because at time
will was made, the annual income was 100
pounds.
(c)Court concluded spouse entitled to 20%.
3
LAGUAGE A BARRIER OF INTERPRETATION BUT
DOES NOT LIMIT INTERPRETATION
(1)Language of the text may not wholly
determine legal meaning.
(2)However, language set as barrier.
(3)Per Barack, in extracting legal meaning from
linguistic meaning, language set barrier for ITT but
does not limit meaning of the text.
(4) For example, when they say “the house
passed a bill”, you will not think the house where
you live.
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WHAT IS INTERPRETATION?
(5)Also, the ejusdem generis rule (when general
words follow a list of specifics, it will be
interpreted to include only items of the same
type as those listed)
(6)If they say when coming to lecturers, bring
pens, laptop, interpretation act and other
material.
(7)A wheel barrow will not fall within the other
materials because it is not within the specific
word.
(8)These things come out of the use of language
and linguistic and not interpretation.
4
MULTIPLE MEANING IN A TEXT.
(1)In a text, 2 or more meaning may arise as
possible meaning of the text and the task of the
interpreter is to look for the meaning that will not
defeat the text or not make it void.
(2)Note that interpretation deal with legal effect
of law and not validity of law.
(3)In this course dealing with interpretation of
non-statutory document, statutory document
and national constitutional.
5
SHOUT OUT
1. Messi
2. Lebron
3. Cristiano
4. Kingstaxx and Queenstaxx
5. Salma
6. Kiera
7. Simone
8. Jesse
9. Anai Hills
10. 2Ps and above
11. Hoshers
12. JM 2024
13. Showdown
14. Korkor S
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WHAT IS INTERPRETATION?
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