What is the meaning of Interpretation
The meaning of interpretation is the process of determining/ascertaining the meaning of language used in the provision of deeds, documents and statutes or part of it to determine the scope, the subject of the rule of law and the legal effect of the provision.
Meaning of Interpretation (Edzie)
It is a rational process of ascertaining the meaning of language used in a legal text and the determination of the subject of the rule of law of the scope or legal effect of language used in a specific context and for the purpose of applying it to a specific set of facts or situation before the court.
Why is there a need to ascertain intention in written communications/directives
- Some words have come about as a result of technological advancement and thus words need to be interpreted to ascertain the context which it has been used for at the time the document was written.
- Some words are obsolete whiles others have died out thus they need to be interpreted in the light of its meaning at the time of the making of the document.
- To carry out an unexpressed intention of the author differing from what the words used imply as seen in the case of Biney v. Biney.
- To essentially carry into effect what the author has written and not make assumptions on what was intended.
Meanings of Meanings
Because words have various meanings thus if not interpreted accurately, renders the text incongruous or absurd.
Ordinary/Natural Meaning
The meaning that comes to mind when a particular word is mentioned.
Technical meaning
This word is known to a particular vocation or profession. In the case of Biney v. Biney, it was held that technical words should be given their technical meanings.
Exceptional/special meaning
These are words in coded form and the intent must be known at the time of the usage of the word in order to ascertain the meaning.
Dictionary meaning
This is a book that contains a set of meanings of words. In order to interpret the words well, the dictionary and edition used at the time of making the text must be used.
Legal meaning
Conveys the intent and purpose of the lawmaker.
Implied Meaning
This is used in various ways, “Some words are embedded in others. For example, when one sees a lawyer it is implied that they have been called to the bar.
- Where gaps are founds, words can be implied.
- Where words have bee oversupplied, you either suppress or reject sot hat the meaning is not distorted as seed in Order 81 of C.I. 47.
- The position of the words may be made tomato the text meaningful and to ensure the intent is carried out.
What is the legal basis of interpretation?
Hint: The power of the courts generally to interpret or give the true meaning of statutes or documents if found in the Courts Act (Act 459), any other enactment or in the 1992 Constitution.
The Supreme Court under Article 130(1) of the 1992 Constitution of Ghana has been given the exclusive original jurisdiction to determine:
(a) all matters relating to the enforcement or interpretation of the 1992 Constitution; and
(b) All matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under the Constitution.
Reference Jurisdiction
Per Art 130(2) of the 1992 Constitution of Ghana, where a matter for interpretation arises in any court other than the Supreme Court, that court must stay proceedings and refer the matter of interpretation to the SupremeCourt. Evidenced in the case of Rafael Cubagee v Michael Yeboah Asare and ors
Republic V Special Tribunal ex parte Akosah 180 GLR 502 - grounds under which a lower court is bound to make referent to the S.C. for its interpretative opinion.
- Where the words of the constitutional provision are ambiguous, imprecise or not clear.
- Where the parties put up two rival meanings on any of the provisions in the Constitution.
- Where there is a conflict in meaning regarding two provisions in the Constitution and a question arises as to which of the two provisions should prevail over the other.
- Where on the face of the constitutional provision there was a conflict between the operation institutions set up under the Constitution.
Sources of law of interpretation
- Constitution (Art 11)
- Interpretation Act
- Secondary sources of law
- Comparative law
- External and internal aids
- Longstanding practice of the courts.
