What is statutory construction

What is construction statutes?

The process by which the meaning of an ambiguous provision of a statute , written document, or oral agreement is determined. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance.

Why is statutory interpretation necessary?

Statutory interpretation is of central importance to the daily work of all judges. It examines how judges consider the text, the context and the purpose of statutory provisions. It also looks at how human rights instruments can be used as an interpretive tool.

What are the canons of construction?

Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and presumptions about usage. The canons also include substantive canons that incorporate policy-based assumptions about legislative intent.

What are the principles of statutory interpretation?

The modern approach to statutory interpretation This means that context is considered in the first instance (not only where there is ambiguity in the meaning of the words used), and consideration is given to the statute as a whole, the existing state of the law, and the purpose of the statute .

What is the difference between interpretation and construction?

Interpretation is the activity of identifying the semantic meaning of a particular use of language in context. Construction is the activity of applying that meaning to particular factual circumstances. Construction is the activity of determining the legal effect (or legal content) of a legal text.

What is beneficial construction?

Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. The interpretation of a statue should be done in such a way that mischief is suppressed and remedy is advanced.[2]

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What’s the meaning of statutory?

1 : of or relating to statutes . 2 : enacted, created, or regulated by statute a statutory age limit.

What is the golden rule of statutory interpretation?

The ‘ Golden Rule’ of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result.

What’s the literal rule?

The literal rule says that the intention of Parliament is best found in the ordinary and natural meaning of the words used. As the legislative democratic part of the state, Parliament must be taken to want to effect exactly what it says in its laws.

What is Ejusdem generis rule?

Adams, 532 U.S. 105 (2001), the Supreme Court defined ejusdem generis as a situation in which “general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words.”

What is not included is excluded?

(Latin) That which is expressed is included and that which is not is excluded ; a rule of statutory interpretation that says that if something is mentioned as being included , then anything that is not mentioned is by implication meant not to be included . expressio unius est exclusio alterius.

What does canon mean?

In fiction, canon is the material accepted as officially part of the story in the fictional universe of that story. It is often contrasted with, or used as the basis for, works of fan fiction.

What is a statutory provision?

statutory provision means a provision of an enactment or of an instrument having effect under an enactment.