Question: What Is Statutory Construction?

What does statutory construction mean?

Definition. The process of determining what a particular statute means so that a court may apply it accurately.

What is statutory construction Philippines?

Statutory Construction – the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

What are the general principles of construction of statute?

The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute. The elementary rule states that the intention of the Legislature must be found by reading the statute as a whole.

What are the three main rules of statutory interpretation?

In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

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What are the 4 rules of statutory interpretation?

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.

Why is statutory interpretation needed?

Statutory interpretation is important so that they are unable to make their own judgement in cases. If they stumble upon any problem they cannot change the law therefore they cannot interrupt the flow of justice. In allows Parliament to be the law making body and court will then apply the law.

What are the basic principle of interpretation?

Often enough interpreting the provision, it becomes necessary to have regard to the subject matter of the statute and the object which it is intended to achieve. According to this rule, the words of a statute must be construed ut res magis valeat quam pareat, so as to give a sensible meaning to them.

What is the basic principle of statutory interpretation?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be

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.

Which rule of interpretation is best?

The Golden Rule

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It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. It is used in a wider sense to avoid a result that is obnoxious to the principles of public policy. It is known as the golden rule because it solves all the problems of interpretation.

What is the definition for statutory?

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

Do judges make law through statutory interpretation?

Judges do make law; they make law all the time and they always have. Consequently, it is the application of precedent by judges, whether they are developing the common law (for example in areas such as negligence or murder) or interpreting statutes is the main mechanism whereby judges make law.

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