STATUTORY INTERPRETATION OF THE WORD “SHALL”:
INSPIRATION FROM JUDICIAL DECISIONS .
Keywords:
Discretionary, directory,, guidance,, interpretation,, justice,, mandatory,, shall,, statutory.Abstract
This article delves into the realm of statutory interpretation, focusing particularly on how courts interpret the term “shall.” Despite its frequent usage in legal texts, the interpretation of the word shall remain a subject of debate amongst members of the legal profession, leading to inconsistencies and uncertainties in legal outcomes. Through an examination of judicial decisions, legislative history and scholarly views, this article elucidates the multifaceted nature of the word “shall” and provides clarity and guidance for its interpretation in legal contexts. By dissecting various judicial decisions and scrutinizing the applied approaches, the article offers insights into how courts can navigate the complexities of “shall” to ensure consistent and equitable application of the laws interpreted. The findings underscore the importance of context, and legislative intent, in mitigating the ambiguity inherent in the word “shall”, thereby enhancing the efficacy and integrity of statutory interpretation practices in the process of justice delivery.
