Difference between the Consolidating Statutes and Codifying Statues
Difference between the Consolidating Statutes and Codifying Statues
Sr. No. | Consolidating Statute | Codifying Statute |
1. | Consolidating statutes is a statute which collects the statutory provisions relating to given subject-matter, and embodies them in a single Act of Parliament. It does not contain the case law. | A codifying statute is which consist exhaustively the entire of the law upon a particular subject, the draftsman attempting to comprise in which code both the pre-existing statutory provisions and also, rules relating to the matters. Codifying statute systematizes case law as well as statutes. |
2. | It presents the whole body of statutory law on the subject of repeal of a previous law | It presents an orderly statement of the main rules of law on a given subject. |
3. | Consolidating statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken only to solve any ambiguity. | A codifying statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken generally to solve any ambiguity. |
4. | The primary rule of construction of consolidating statutes is to examine the language used in the statute itself without any reference to the repealed statutes. | While constructing the codifying Act, the language used in the statute is examined in the context, but at the same time, repealed statutes may not be referred. |
5. | Former statutes are repealed. | Former statutes survive |
6. | It is self-contained and complete. | |
7. | Judgment may refer to earlier State of law and the judicial decisions interpreting repealed Acts. | Unless the code is ambiguous or silent, the court cannot go outside the letter of law. |
8. | Presumption has no application | The Presumption is that the same words used at different places in the same Act would bear the same meaning holds good and applicable. |