Which doctrine allows the courts to interpret conflicting provisions o...
The Doctrine of Harmonious Construction allows the courts to interpret conflicting provisions of the Constitution in a way that avoids contradictions and ensures that all provisions are given effect as much as possible. It aims to maintain harmony and coherence within the Constitution's framework.
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Which doctrine allows the courts to interpret conflicting provisions o...
Doctrine of Harmonious Construction
The Doctrine of Harmonious Construction is a principle of statutory interpretation that allows the courts to resolve conflicts or inconsistencies between different provisions of the Constitution in a way that gives effect to all provisions as much as possible without creating contradictions. This doctrine aims to ensure that every provision of the Constitution is given meaning and effect, even when there are apparent conflicts between them.
How it works
- When faced with conflicting provisions in the Constitution, the courts will interpret them in a manner that harmonizes or reconciles the differences, rather than creating contradictions.
- The goal is to give effect to the intent and purpose of each provision while maintaining the overall coherence and integrity of the Constitution.
- By applying the Doctrine of Harmonious Construction, the courts can avoid situations where one provision is rendered meaningless or inoperative due to a conflict with another provision.
Importance
- This doctrine ensures that the Constitution is interpreted in a way that upholds the rule of law and maintains the balance of power between different branches of government.
- It helps to prevent legal uncertainty and inconsistency by providing a framework for resolving conflicts within the Constitution.
- By promoting a harmonious interpretation of the Constitution, this doctrine contributes to the stability and predictability of the legal system.
In conclusion, the Doctrine of Harmonious Construction plays a crucial role in allowing the courts to interpret conflicting provisions of the Constitution in a manner that respects the integrity of the document as a whole and gives effect to all its provisions.