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to legislate. It is the spirit of the law and the legislative intent. It was first used in the
Act of 55 henry – 111.
Classification
With reference to duration
A temporary statute is one where its period of operation has been fixed by the statute
its self. Such an Act continues in force unless repealed earlier, until the time so fixed.
A permanent statute is one where no such period has been mentioned but this does not
make the statute unchangeable such a statute may be amended or replaced by another
Act.
Remedial statute: is one where by a new favour or a new remedy is conferred. The
main object of passing such a statute is to make improvements in the enforcement of
one’s rights or for redress of wrongs and remove defects or mistakes in the former
law.a remedial statutes receives liberal constructions and doubt is resolved in favour
of the persons for whose benefit the statute is enacted.
Enabling statute: is one which enlarges the common law where it is narrow. It makes
doing of something lawful which would not be otherwise lawful. By an enabling Act
the legislature enables something to be done. It empowers at the same time, by
necessary implication, to do the indispensable things for carrying out the object of the
legislation.
Disabling statute: is one which restricts or cuts down a right conferred by the
common law. An Act restraining a common law right is a disabling Act.
Penal statute: is one which punishes certain acts or wrongs. It may be in the form of
a comprehensive criminal code or large number of sections providing punishments for
different wrongs. The penalty for the disobedience of the law may be in the form of
fine, forfeiture of property, imprisonment and even death. A penalty can be imposed
only whenthe letter of the law says so unambiguously and any doubt has to be
resolved in favour of the alleged offender.
Taxing statute: is one which imposes taxes on income or certain other kinds of
transaction. It may be in the form of income tax, wealth tax, sales tax, gifts tax etc.
The object of such statute is to collect revenue of the government. Tax is levied for
public purpose. It is a source of revenue generation for the state. It can be livied only
when a statute unequivocally so provides by using express language to that effect and
any doubt is resolved in avour of the essessee.
Explanatory statute: is one which explains the law. Such a statute is generally
enacted with a view to supply an apparent omission ot to clarify ambiguity as to the
meaning of an expression used in a previous statute.
Curative or validating statute: is one which is passed to cure defects in prior law, or
to validate legal proceedings, instrunments or acts of public and private administrative
authorities which in the absence of such an act would be void for want or conformity
with existing legal requirements but which would have been valid if the statute had so
provided at the time of enacting. The purpose of this statute is to remove the cases of
effectiveness which a validated by a legislative measure. It normally contains the
expression notwithstanding any judgement, decree or order of any court.