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.
Why are the canons of construction needed?
In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statute—usually Congress or a state legislature—meant by the language used in the law.
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 canon rules of interpretation?
There are three main rules to interpret a statute; the literal, golden and mischief rule and also the integrated approach, known as the purposive approach. Each rule will be looked at individually with case examples. The literal rule uses the plain ordinary meaning of words.
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 golden rule of interpretation?
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 are the rules of interpretation?
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule , the Mischief Rule or the Literal Rule .
What is interpretation and construction?
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment. 2. Interpretation takes place when we look for the original meaning of the constitution.
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 methods of interpreting the Constitution?
Introduction There are five sources that have guided interpretation of the Constitution: (1) the text and structure of the Constitution, (2) intentions of those who drafted, voted to propose, or voted to ratify the provision in question, (3) prior precedents (usually judicial), (4) the social, political, and economic
What is Noscitur a Sociis?
Literal Meaning. The meaning of a word may be known from accompanying words. Origin. Latin.
What are primary rules of interpretation?
Abstract. Literal rule of interpretation is the primary rule . Under this rule of interpretation the Courts interpret the statutes in a literal and ordinary sense. They interpret the words of the statute in a way that is used commonly by all. It is incumbent on the court to use the grammatical meaning.
What is the first rule 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 .
How do you read a statute?
How to Read a Statute Pay close attention to the statute’s format and organization. Look for breaks in the text. Look for keywords: Do not skip over words that you do not know or fully understand. Read through cross-referenced sections in their entirety.
Why do judges need to interpret statutes?
Statutory interpretation (SI) is the approach that the judges have developed over time, to find the exact meaning of words or phrases in legislation (including delegated legislation and EU law) — in order to fulfill their role.