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.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
2. Distinction between Interpretation
and construction
1. 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.
2. Interpretation takes place when we look for
the original meaning of the constitution. All
other forms of constitutional analysis
engage in construction
3. 3. 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.
4. Originalists engage in interpretation, even
when they focus on original intentions,
expectations or methods. All other forms of
constitutional analysis engage in construction.
5. Courts may only interpret the constitution.
Elected officials are free to construe the
constitution.
4. 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
language 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.
5. 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.
6. 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. H Begum (AIR 1989 SC 1024)]
