Judicial approach to the interpretation of the constitutions in Nigeria, Australia, Canada and India / Hakeem Olasunkanmi Ijaiya.

Format:

Book

Author/Creator:

Ijaiya, Hakeem Olasunkanmi, author.

Series:

Malthouse law books

Language:

English

Subjects (All):

Constitutional law--Nigeria.

Constitutional law.

Nigeria.

Constitutional law--Australia.

Australia.

Constitutional law--Canada.

Canada.

Constitutional law--India.

India.

Physical Description:

193 pages ; 24 cm.

Other Title:

Judicial approach to interpretation of constitution

Place of Publication:

Lagos, Nigeria : Malthouse Press Limited, 2017.

Summary:

"This book...[provides a] study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates."-- Back cover.

Contents:

Machine generated contents note: 1. Introduction

The Constitution

The Problems of Interpretation

Drafting

Communication

Other Problems of Interpretation

2. Canons, Theories and Principles of Interpretation

Introduction

The Canons of Interpretation

Literal Rule

Mischief Rule

Golden Rule

Beneficial Construction

Construing Previous Legislation

Other General Principles of Interpretation of Statutes

The ut res magis valeat quam pareat rule

The Ejusdem Generis Rule

The Noscitur a Sociis Rule

Principles of Interpretation

Internal Aids

Long and Short Titles

Preamble

The Constructive Role of a Preamble

The Contextual Role of a Preamble

Definition Sections or Statutory Definitions

Headings and Marginal Notes

Punctuation Marks

Texts of the Sections

Commencement Date

Proviso

Illustrations

Schedules

Explanatory Notes

External Aids

Dictionary

Interpretation Laws

Rules and Orders

Textbooks

Cases

3. Judicial Approach to the Interpretation of the Constitutions in Australia, Canada and India

The Australian Constitution

Historical Approach to the Interpretation of the Constitution in Australia

Coordinate Federalism

Centralising Legalism

Rapid Concentration

Political Legalism

Human Rights Protection

Legal Realism

Traditional Approaches to Constitutional Interpretation

Literalism

Legalism

Originalism

Theoretical Approaches to Constitutional Interpretation

Progressivism

Intentionalism

Judicial Approach to the Interpretation of the Constitution in Australia

Canadian Constitution

Theories of Interpretation of the Constitution in Canada

Originalism or Frozen Right Theory

The Living Tree Doctrine

Progressive Interpretation

The Dynamic Interpretation

Deconstruction Theory

Judicial Approach to the Interpretation of the Constitution in Canada

Indian Constitution

Doctrines/Theories of Interpretation of the Constitution in India

Basic Features Doctrine

Doctrine of Pith and Substance

Doctrine of Colourable Legislation

The Doctrine of Severability

Doctrine of Eclipse

Judicial Activism

Judicial Approach to the Interpretation of the Constitution in India

4. Judicial Approach to the Interpretation of the Constitution in Nigeria

The Nigerian Constitution

Principles of Interpretation of the Constitution in Nigeria

Language of the Constitution must be given its plain meaning

The provisions of the Constitution must be read together as a whole

Words of the Constitution must be given broader interpretation

The provisions of the Constitution should not be Interpreted to have restrospective effect

Judicial Approach to the Interpretation of the Constitution in Nigeria

5. Analysis

Similarities

Australia and Canada

Canada and India

India and Nigeria

Differences

Rationale for the similarities and differences

What Nigeria has benefited from other Commonwealth Jurisdictions

6. Conclusion

Recommendations.

Notes:

Includes bibliographical references (pages 189-193).

ISBN:

9789789584468

9789584466

OCLC:

992537987

Publisher Number:

99989206897