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Modifications of Meaning
Authentic Interpretation
An authentic interpretive modification fixes the meaning of a provision, or of certain strings of text therein, by way of a norm having equal standing with the norm being interpreted. Most often, the same authority that issued the initial normative provision is also the authority that gives it authentic interpretation some time thereafter.
Example 1
Law no. 388 of 23 Dec. 2000: Provisions for drafting the state’s annual and multi-year budget (2001 Budgetary Law), published in the Official Gazette of the Italian Republic, issue no. 302 of 29 Dec. 2000 – regular supplement.
Art. 17
Modification of Term
These modifications extend or reduce the time segments set forth in a given norm and regulated by it. These extensions and reductions do not affect the application of the norm itself, for they pertain not to the norm itself but to its content. Directly modifying the time segments expressed in a norm (by partial substitution of its text) is better than indirect modification, nevertheless also the modification of the time segments should be made in evidence to the citizen in order to specify better the contest where he/she can operate.
Example. 1
Italian Law
Law no 52 of 6 Feb. 1996, published in Ordinary Supplement no. 24 of the Official Gazette of the Italian Republic, issue no. 34 of 10 Feb. 1994: Provisions for fulfilling the obligations deriving from Italy’s membership in the European Communities (Community Law of 1994
ART. 1 – Delegating to the Government the implementation of Community directives
Omissis
4. The Italian Council of Ministers has issued a preliminary deliberation resolving that, within the term established by either paragraph 1 or 2, the legislative decrees under which to apply the European directives listed in Annex B must be communicated to both Houses of Parliament so that, no later than thirty days after this communication, the competent House Committees express their opinions on the matter. Upon expiration of the thirty-day term, the legislative decrees in question are uderstood to have been adopted. If, under paragraph 1 or 2, the House Committees are required to express an opinion either before or after the thirty-day term expires, the term stated under the same paragraphs 1 or 2 is extended by a period of ninety days.
Variation
Variation is used whenever any content has been badly or incompletely modified and so cannot be made to fall within any of the other modification categories, such as repeal, substitution, and insertion.
Example. 1
South African Law
Act n.9 of 2006
Fixing of rates of normal tax in terms of Act 58 of 1962
18. The rates of normal tax to be levied in terms of section 5(2) of the Income Tax Act,
1962, in respect of—
(a) the taxable income of any person (other than a company) for the year of
assessment ending on 28 February 2007; and
(b) the taxable income of any company for any year of assessment ending during
the period of 12 months ending on 31 March 2007,
shall be as set out in Schedule 1 to this Act.
SCHEDULE 1
RATES OF NORMALTAX PAYABLE BY PERSONS (OTHER THAN COMPANIES)
IN RESPECT OF THE YEARS OF ASSESSMENT ENDING 28 FEBRUARY
2007, AND BY COMPANIES IN RESPECT OF YEARS OFASSESSMENT
ENDING DURING THE PERIOD OF 12 MONTHS ENDING 31 MARCH 2007
(Section 18)
1. The rates of normal tax referred to in section 18(a) of this Act in respect of
persons (other than companies) are as follows:—
(a) in respect of the taxable income of any person (other than a person in respect
of which subparagraph (b) applies), an amount of tax calculated in accordance
with the table below:
omissis