DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATION

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

1. Difference between Construction & interpretation Submitted to- Mr. Rupesh Malik (Assistant Professor) Submitted by- Tejinder Singh LL.B 5 th semester

2. Distinction between Interpretation and construction 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

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)]