This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge. Statutory interpretation the process by whereby judges attribute meanings to words in a statute in order to apply the relevant statute to a case to reach a decision. Us supreme court justices antonia scalia and stephen breyer discussed their judicial philosophies of constitutional and statutory interpretation and how they reach their decisions the two. Highly readable text book which explains the complexity of interpreting legislation in south africa it describes the various origins of sa law, the history of interpretation and deals extensively with the impact of the constitution on this situation. Statutory interpretation a generic title for the practice of reading statutes certain rules have grown up both in interpretation generally and for statutes in particular.
Statutory interpretation the interpretation of statutes, more precisely, the juridical understanding of legal texts legislation, in other words, deals with the body of rules and principles which are used to construct the correct meaning of legislative provisions to be applied in practical situations. The pragmatics of statutory interpretation table of contents part i: introduction 1 natural law, formalism, positivism and dworkin 2 felix cohen : transcendental nonsense and the functional approach part ii : pragmatics and statutory interpretation 1. Good practice guide: statutory interpretation 3 it has been recognised in australia and overseas for a number of years that case.
A short revision video that asks students to think about elements of statutory interpretation. Statutory interpretation: the meaning of meaning the hon michael kirby ac cmg [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 the development has. Statutory interpretation (7041): (formerly law 425) statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice it is also an area of vibrant intellectual debate, as scholars, supreme court. Essay on statutory law the literal rule of statutory interpretation should be the first rule applied by judges under the literal rule, the words of the statute are given their natural or ordinary meaning. Statutory interpretation first became significant in common law systems, of which england is the exemplar in roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent.
Title name subject matter procedural posture last updated united states of america v. What is statutory interpretations statutory interpretations is the process by which judges interpret acts of parliament 75% of cases heard by the house of lords are concerned with statutory interpretation. Statutory aids to the interpretation of statutes extrinsic aids to interpretation consist of everything not found within the statute, whereas intrinsic aids are those found within the statute being interpreted. Start studying statutory interpretation learn vocabulary, terms, and more with flashcards, games, and other study tools.
A doctrine of interpretation by which a court finds that qualifying words or phrases refer to the language immediately preceding the qualifier, unless common sense shows that it was meant to apply to something more distant or less obvious. In legislation: interpretationprocess is found in the interpretation of legislation by the courts, since, unless compliance with the legislative will is automatic, it is at this point that legislation is given meaning and effect. 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. The golden rule in english law is one of the rules of statutory construction traditionally applied by english courts the rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public policythe rule can be applied in two different ways.
Statutory interpretation is the act or process of interpreting and applying legislation it is the principles developed by courts for interpreting statutes. When the supreme court takes up the affordable care act again on march 4, the fate of president obama’s health-care law will once again be on the line, as it was in 2012 only this time, the court w.
Statutory interpretation - this workshop outlines key principles of statutory interpretation, and the issues that arise in practice and in the courts, and provides insights and methods to assist you to efficiently and effectively get to the legal meaning of legislation. Statutory interpretation and regulation law 5378 spring 2018 tuii 240 tuesday-thursday 10:30 am - noon course syllabus. Harvard law review forum the appellate rule of lenity responding to abbe r gluck & richard a posner, statutory interpretation on the bench: a survey of forty-two judges on the federal courts of appeals jun 8, 2018 response by intisar a rabb civil rights severson v heartland woodcraft, inc seventh circuit rules that a multimonth leave of absence cannot be a reasonable accommodation.