Difference between the Consolidating Statutes and Codifying Statues
Sr. No.
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Consolidating Statute
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Codifying Statute
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1.
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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.
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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.
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2.
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It presents the whole body of statutory law on the subject of
repeal of a previous law
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It presents an orderly statement of the main rules of law on a
given subject.
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3.
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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normal canons of constructions and recourse to repealed enactments can be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.
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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normal canons of constructions and recourse to repealed enactments can be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.
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4.
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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repealed statutes.
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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statute is examined in the context, but at the same time, repealed statutes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.
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5.
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Former statutes are repealed.
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Former statutes survive
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6.
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It is self-contained and complete.
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7.
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Judgment may refer to earlier State of law and the judicial
decisions interpreting repealed Acts.
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Unless the code is ambiguous or silent, the court cannot go
outside the letter of law.
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8.
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Presumption has no application
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The Presumption is that the same words used at different places in
the same Act would bear the same meaning holds good and applicable.
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