Statutory interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems the book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. Interpretation of statues ‐ ios 2601 – first semester – 2011 page 2 • law – common law, statute law, customary law and case law written statue enact by legislative bodies who have authority to make rules. An outline of the rules of statutory interpretation with links to more information on each of the rules e-lawresources sources of law : statutory interpretation. Based in two of the top five legal markets—the new york city and philadelphia metropolitan areas—rutgers law school in camden and newark, new jersey, provides students with the practical training and support system to succeed as lawyers and to succeed professionally. [statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by australian lawyers this was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed. Statutory interpretation and regulation law 5378 spring 2018 tuii 240 tuesday-thursday 10:30 am - noon course syllabus. Dynamic statutory interpretation the purpose of this article is to explore the thesis that statutes, like the constitution and the common law, should be interpreted dy.
[statutory interpretation – canons of interpretation – literal, golden and mischief rule] concerned the word premises in the law of landlord and tenant held: they are not rules as such, but rather are principles of interpretation developed by the courts. What is statutory interpretation why is it important provides its interpretation of a statute, that becomes law of the need statutory interpretation. Foundations of law: statutory interpretation essay q 2 at a surface level, when supplied with the information regarding the case of billy tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. This is the mid-semester assignment for constitutional law for semester 1, 2013 at unsw the grade received was a distinction.
Statutory interpretation is the act or process of interpreting and applying legislation it is the principles developed by courts for interpreting statutes this is also referred to as statutory construction sometimes the words of a. The dumbing down of statutory interpretation and the quality of statutory law and its democratic legitimacy benefit from a broad range of arguments and. Duncan bunce examines the topic of statutory interpretation. Statutory interpretation new mexico v like other parts of the law, what we call “the law of interpretation” has a claim to guide the actions of judges.
Statutory interpretation general view- the function of parliament is to create law, but the role of judiciary is to apply the law montesquieu theory of separation of powers: the government has 3 different functions – legislative, executive and judicial – and these functions should be kept apart in order to prevent the centralisation of too much power. The impact of the constitution (specifically section 39(2)) on statutory interpretation post 1994 the new constitution has largely rendered the debate between the text-based approach and the contextual based approach largely irrelevant both the interim constitution and the 1996 constitution include an express and mandatory. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences the court interprets statutes using the following approaches: the literal approach - interpret according to plain, literal meaning of the words.
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation the former inform the fundamental nature of the australian legal system the latter is vital knowledge in a legal system in which statute law is so pervasive. Heinonline -- 3 u kan l rev 1 1954-1955 kansas law review an evaluation of the rules of statutory interpretation quintin johnstone the rules of statutory interpretation are under attack as being.
Statutory interpretation new mexico v department of the interior tenth circuit holds that severability analysis cannot extend to construing indian gaming regulatory act to support an administrative remedy. Statutory interpretation an interstate choice of law question in which one potentially appli-cable law is a statute of the forum state, in the absence of explicit.
Home / case digests / statutory interpretation – malpractice actions statutory interpretation the wisconsin law journal has published its monthly edition. A case study in statutory interpretation: western union co vs lenroot max radin statutory interpretation or construction suggests two things to. Comparative approaches to statutory interpretation in a comparison of the common law and civil law approaches to statutory interpretation involves an.