What is the meaning of statutory construction?

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

What are principles of statutory construction?

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.

What is statutory construction and interpretation?

The various methods and tests used by the courts for determining the meaning of a law.

What is meant by statutory interpretation?

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. … But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge.

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.

What are the tools of statutory construction?

Tools of Statutory Interpretation. Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history, and evidence of the way a statute is implemented. These tools often overlap.

What are rules of construction?

Rule of Construction is a rule used for interpreting legal instruments, especially contracts and statutes. Very few states have codified the rules of construction. Most states treat the rules as mere customs not having the force of law. Contra proferentem and ejusdem generic are two examples of rules of construction.

What are the objectives of statutory interpretation?

The main objective of the interpretation of statutes is to determine the intention of the legislature where the meanings of the words are expressly or impliedly mentioned.

What is Heydon’s rule?

According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that suppresses the problem and advances the remedy should be adopted.

Which rule of interpretation is best?

Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.

What is the rule of beneficial construction?

Rule of Beneficial Construction When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation, should be chosen.

Which is the best definition of statutory construction?

Statutory Construction Definition. The process of determining what a particular statute means so that a court may apply it accurately. Overview. Any question of statutory interpretation begins with looking at the plain language of the statute to discover… Rules Often Followed for Statutory

What is the object of interpretation and construction of statutes?

The object of all interpretation and construction of statutes is to ascertain the meaning and intention of the legislature, to the end that the same may be enforced. Legislative intent is determined principally from the language of the statute.

What was the Rehnquist Court’s canons of statutory construction?

not present I. T Textual Canons Linguistic Inferenc Textual Canons Linguistic Inferenc II. T Textual Canons Linguistic Inferenc III. T Textual Canons Linguistic Inferenc IV. T Textual Canons Linguistic Inferenc V. V

How are specific controls applied in statutory construction?

The specific controls over the general. If there’s a conflict between two statutory provisions — one of them a general statement and the other a specific statement — the court will apply the more specific statement as an exception to the general statement.