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Key Elements of Construction Acts: Internal vs. External Perspectives

Explore the essential components of construction acts through internal aids like preambles and definitions and external aids such as dictionaries, foreign decisions, and historical context. Learn how these factors influence interpretation and application of laws with references from Mahmudul Islam's book and case laws.

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Key Elements of Construction Acts: Internal vs. External Perspectives

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  1. Internal and External aid to Contructions

  2. Internal.... Title of the Act:Intention of the Legislature Preamble: It is a key to open the minds of the makers and the mischief which they intend to redress. Powell v Kempton Park Racecorse Co 1897 2 QB 242(Repealed preameble is still relevant to the construction of the unrepealed operative part of the Act)

  3. Division of sections/chapters:Clear/unambiguous language Headings: Preamble of a particular section Marginal notes(Draftman’s insertion) Not Supposed to be used for construction when it is found misleading (ILR 26 ALL 393)

  4. Punctuation: No role in construction It is a very minor element and has very little attention(AIR 1929 PC 69) Illustrations:Relevant in undrstaiding the words employed in sections Definition clause: It helps to avoid repetition of ordinary meaning of words MEANS/INCLUDES(illustrative):39 DLR 59

  5. Proviso:a cluse added to an Act to qualify or to ceate an exception to what is in the law(provided that/notwithstanding) Explanation: to explain a meaning of the words used in section Schedule:appended to an Act towards the end and it forms the part of the law(inclusion/exclusion)

  6. Articles Transitional provisions(operate in the facts/circumstatances) Dear Folks,,,,Dont miss to have a deep insight from the text book of Mahmudul Islam..with case laws!!!!! 

  7. External..... Dictionaries:Same meaning? Clear meaning? Text books:Courts are not obliged to take the view of authors Practice:The past practice followed by judiciary/adminstration?

  8. Foriegn decisions: Frequently used and cited in Bangladesh.(context/social needs/social values????) Parliamentary history: No reference in construction Bill:debates(personal views)

  9. Historical facts and surrounding circumstances:permissible Subsequent social, polticl and economic developments References to other statutes Later statutes:not conclusive and binding authority Earlier statutes: not relevant Stare decisis:Higher court deceision must be followed

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