Wednesday, November 21, 2007

Codified Statute and Consolidated Statute-Meaning

Codifying Statutes

Codifying statutes are statutes passed to codify the existing law. Codifying statute is a statute which presents an orderly and authoritative statement of the leading rules of law on a given subject. This kind of statute exhaustively states the entire law on a particular subject. Codification contemplates, implies and produces continuity of existing law in clarified form rather than its interpretation. (United States V Grainger 97 L Ed 1575)


a) A codifying statute may be a code only with respect to a particular branch of a subject.

b) When a code covers a situation, it is not permissible to apply general principles.

c) In contrast to an ordinary enactment, a code is self contained and complete.

Construction of Codifying Statute:

Lord Herschell observed that the principles applicable for construction of codifying statutes are two:

a. Firstly, the language of the statute should be examined; and

b. Secondly, natural meaning of the statute should be looked for without getting influenced by any considerations as to previous state of law.

Codification systematizes case law as well as statutes. Rearrangement of statutory provisions in the process of codification leaves their meaning unaffected.

Consolidated Statute:

Consolidation is the combination in a single measure of all the statutes relating to a given subject matter and is distinct from codification in that the later systematizes case laws as well as statutes. Consolidating statutes are statutes to comprehend in one statute the provisions contained in a number of statutes…(Odgers)