What are the general principles of construction of statute?
The words in an enactment have their own natural effect and the construction of an act depends on its wording. There should be no additions or substitution of words in the construction of statutes and in its interpretation. The primary rule is to interpret words as they are.
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.
What is the nature of the rules of statutory construction?
“One of the primary and basic rules in statutory construction is that. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.” To repeat, the basic rule of construction is to apply the law when it is clear.
What are the four 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 is construction statutes?
What is construction of statutes? Construction, in strict sense, is the process by which the court assign the meaning to the ambiguous provision which is beyond the letter of law for the purpose to resolve the inconsistency.
What are the general principles of interpretation of statute?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.
What are the main approaches to statutory interpretation?
There are three basic principles of statutory interpretation applied by common law courts: the literal rule, the golden rule, and the mischief rule.
What are statute specific projects?
SEPs are projects that could not be required or compelled by EPA, and are not otherwise legally required (at the federal, state or local level), and thus provide benefits that go beyond compliance obligations.
What is statutory interpretation used for?
What is statutory interpretation? Statutory interpretation may be required where complexity and uncertainty arises as to how the law applies in a given situation. Those who draft legislation do their utmost within their extraordinary experience and drafting skills to craft legislation that is clear and unambiguous.
What are statutory requirements in construction?
Statutory obligations are those obligations that do not arise out of a contract, but are imposed by law. The statutory obligations applicable to the design, construction and operation of buildings are extensive and complicated, and they will depend on the specific nature of the proposed development.
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.
How are words used in the construction of a statute?
Construction of statutes. (a) In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language; and technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly.
When does a statute include a general statement?
If the statute lists certain things and the list ends with a general statement to include other things (a “catch-all”), the court will assume that the general statement only includes things that are similar to the items listed.
Who is the dissenting opinion in statutory construction?
Philex – dissenting “Statutory construction” is the art or process opinion of Justice Gutierrez)4 of discovering and expounding the meaning and intention of the authors of the law with Strict v.