The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation many cases go to appeal on a point of. Statutory interpretation the law of interpretation statutory interpretation the already applicable rules of law legal interpretation is neither a subfield of linguistics nor an. Each state has statutes on the rules of construction these are basically statutes about statutory interpretation in washington, those rules are found in chapter 112 of the revised code. The words rules of statutory interpretation are used loosely in this article to include any of the legal principles and concepts devoted to the meaning of statutes. Statutory interpretation is the process of interpreting and applying legislation some amount of interpretation is always necessary when case involves a statute in order to interpret and.
Literal rule “these rules and principles of statutory interpretation are not legally binding they are simply interpretative guidelines and principles the courts have developed over time. 42 the rules of statutory interpretation in this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Definition statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical.
The confusion over statutory interpretation contrasts with the three other major branches of law- common law, administrative law, and constitutional law judges know pretty much how to decide. There are numerous rules of statutory interpretation the first and most important rule is the rule dealing with the statute's plain language this rule essentially states that the statute. The federal common law of statutory interpretation: erie for the age of statutes abbe r gluck table of contents federal common law of statutory interpretation 755 federal common. • narrow interpretation of statutory exemptions [fn102] • allow de minimis exceptions to statutory rules, so long as they do not undermine statutory policy [fn104.
The second rule of statutory interpretation which henchy j identified related to statutory provisions creating a penal or taxation liability in such cases, “the word should be construed. Canons of construction the system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract in the case of a. A note from the sls 2016 conference at oxford every student of law will know about the ‘sources of law’: statues, judicial reasoning, european legislation and cases they will be familiar. Rules of presumption and statutory interpretation-instructions 1 copyright sovereignty education and defense ministry, litigation tool 01006, rev 2. Statutory interpretation (7041): (formerly law 425) statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in.
106 statutory interpretation of the mischief rule he wrote: “heydon’s case is an expression of the doctrine of ‘equitable construction’, which prevailed in the fifteenth and sixteenth. Rules of statutory interpretation the mischief rule the literal rule the golden rule conclusion: four different rules: which are you is important. Made with explain everything this feature is not available right now please try again later.
Principles of statutory interpretation emily wendel legislative service commission emily wendel has served as an attorney with the legislative service commission since 2011 she works. Today, let us check out one of the worst, if not at times instructive authorities for statutory interpretation while considering what a lawyer should put in mind when reading a provision. The lacc statement encompasses both the rules of statutory interpretation and the use of legislation in legal problem solving a matrix of the lacc principles was designed as part of this. Finally, “[w]hen there appears to be a conflict between two statutes, a general rule of statutory construction mandates that the specific provision take precedence over the general.