5 C. Interpretation of law

Words are general; facts are particular — so every application involves interpretation: • The judiciary interprets; the Supreme Court has the final power to interpret the Constitution and law (Art. 128(2)). • Presumptions constitutionality of statutes, against retrospectivity, that the legislature does not intend absurdity. • Classic rules (studied in full in Interpretation of Law, Semester 6): the literal rule (plain meaning), the golden rule (depart from literal meaning to avoid absurdity), the mischief rule (cure the defect the statute targeted — Heydon's case), and the purposive approach (effectuate the legislative purpose), aided by maxims (expressio unius est exclusio alterius, ejusdem generis, noscitur a sociis — see Unit 1, 1.7). • Interpretation cascade: constitution > statute > delegated legislation; special law prevails over general law in its field; later law impliedly repeals inconsistent earlier law. • Constitutional control — the Supreme Court (Constitutional Bench, Art. 137) declares void any law unreasonably restricting fundamental rights or inconsistent with the Constitution (Art. 133(1)).