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6/6/19

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Consolidating statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken only to solve any ambiguity.
A codifying statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken generally to solve any ambiguity.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of consolidating statutes is to examine the language used in the statute itself without any reference to the repealed statutes.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constructing the codifying Act, the language used in the statute is examined in the context, but at the same time, repealed statutes may not be referred.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Former statutes are repealed.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Judgment may refer to earlier State of law and the judicial decisions interpreting repealed Acts.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.

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