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Original intent - Approach

Original intent - Approach: Encyclopedia II - Original intent - Approach

Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding. See, e.g., Beal, Cardinal Rules of Legal Interpretation p.121 ("in construing an Act of Parliament where the intention of the legislature is declared by the preamble, we are to give effect to that preamble"); Zander, Law-Making Process p.166 ("It is for the c ...

Original intent: Encyclopedia II - Original intent - Approach

Original intent - Approach

Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding.

See, e.g., Beal, Cardinal Rules of Legal Interpretation p.121 ("in construing an Act of Parliament where the intention of the legislature is declared by the preamble, we are to give effect to that preamble"); Zander, Law-Making Process p.166 ("It is for the courts to construe [the statute's] words and it is the court's duty in so doing to give effect to the intention of Parliament in using those words").