Distinction between interpretation and construction?

Though often used interchangeably, the terms Interpretation and Construction have distinct meanings in legal usage, especially in the field of statutory interpretation. Both deal with understanding legal texts, but they differ in scope, application, and approach.

Interpretation refers to the process of discovering the plain, ordinary, and literal meaning of the words used in a statute. It is confined to the text itself and aims to understand what the legislature has actually said. It assumes that the language used is clear and seeks to apply the natural and grammatical meaning to the statute, without adding or subtracting anything. If the words are unambiguous, interpretation stops there.

On the other hand, Construction is the process of determining the legal effect and implications of the words used in the statute, especially when the text is ambiguous, unclear, or leads to more than one possible meaning. Construction comes into play when interpretation alone does not provide a clear answer, and the judge must apply reasoning, logic, precedent, context, and legislative intent to arrive at a conclusion. In essence, construction extends beyond the literal meaning, involving inference, elaboration, and judicial discretion.

Thus, interpretation answers the question, “What does the law say?” while construction answers, “What does the law mean in this context?”

Key Differences Explained:

• Scope: Interpretation is limited to understanding the text; construction deals with applying the text to real-life situations.
• Function: Interpretation is literal and linguistic; construction is logical and purposive.
• Necessity: Interpretation is used when the language is clear; construction is needed when there is ambiguity or vagueness.
• Judicial Role: Interpretation is more mechanical; construction allows some judicial creativity within limits.

Example:

If a statute says, “No vehicles are allowed in the park,” interpretation would involve determining what “vehicle” ordinarily means—cars, motorcycles, etc.
However, if a case arises where someone uses a battery-powered wheelchair, construction might be necessary to decide whether the law should apply to it, taking into account the purpose of the statute (perhaps to reduce noise or prevent accidents), and whether inclusion would lead to absurdity or injustice.

Code to Remember the Answer: “MEAN”