administrative action pursuant to general law may not defer to an administrative agency’s interpretation of such statute or rule, and must instead interpret such statute or rule de novo See Whynes v. Am. Karl N. Llewellyn, Remarks on the Theory of Appellate Decision and the Rules of Canons About How Statutes are to be Construed, 3 Vand. : View Statute 25-201.01 Civil actions; savings clause; conditions. In April 2012, CPSS and the Technical Committee of the International Organization of Securities Commissions (IOSCO) published the … These keys may be termed as aids for interpretation and principles of interpretation. A statute is an edict of the legislature[8] and the conventional way of interpreting a statute is to seek the 'intention' of its maker. In Canada, there are areas of law where provincial governments and the federal government have concurrent jurisdiction. SZTAL v Minister for Immigration and Border Protection (2017) 262 … Recourse to construction or interpretation of statute is necessary when there is ambiguity, obscurity or inconsistency therein … Section 6 c. Section 7 d. Section 8 : View Statute 25-201.02 Amendment of pleading; effect. Foreign decision/Judgments and Foreign Statutes-Most of the Indian Legislations are modeled on the previous English Statutes. Some judges prefer ), Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special. In these cases the federal law is held to be paramount. "[57] Purposivists believe in reviewing the processes surrounding the power of the legislative body as stated in the constitution as well as the rational that a "reasonable person conversant with the circumstances underlying enactment would suppress the mischief and advance the remedy"[58] Purposivists would understand statutes by examining "how Congress makes its purposes known, through text and reliable accompanying materials constituting legislative history. A particular section of the statute shall not be divorced from the rest of the act. In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. This requires statutory construction. This is a collection of nine essays by senior judicial officers and leading legal academics on the principles of statutory interpretation. The target audience for the monograph is judicial officers, legal academics and law students. 2013 Arizona Revised Statutes Title 33 - Property Chapter 1 LANDMARKS AND SURVEYS Article 1 In General § 33-101 Petition to establish landmarks § 33-102 Minutes or … It helps to interpret the words of the later statute in the light of earlier statutes in the same context. – It is the basic principle of construction of statute that it should be ready as a whole, then chapter by chapter, section by section and words by words. enactment. End Notes # Gray Nature and Sources of Law, 176 (EDN. Interpretation of Statutes is a craft rather than a science.” 1.2 The New Constitutional Order CONCEPT KEYPOINTS The history (The pre-1994 era) Traditionally, IOS in SA was saddled with unnecessary and unacceptable baggage: a confusing system of maxims and canons of interpretation, tentative principles, a golden rule, overriding principles, 2) # P. J. Fitzgerald, “Salmond on Jurisprudence”. Interpretation of statutes is the correct understanding of the law. 2995 0 obj <>stream The modern common law perception that courts actually make law is very different. OF THE GENERAL PRINCIPLES OF MORALS. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. A. In addition, it is argued that the canons give a credence to judges who want to construct the law a certain way, imparting a false sense of justification to their otherwise arbitrary process. Critics of the use of canons argue that canons impute some sort of "omniscience" to the legislature, suggesting that it is aware of the canons when constructing the laws. In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law is, as Chief Justice John Marshall announced in 1803. Germans prefer a "grammatical" (literal) interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history. rules ray or to the . 32 C. 539. Interpretation of statutes is the understanding of the language of a statute in the most appropriate form. The edited collection is creatively structured around the metaphor of the game, which captures and illuminates all the constituent elements of an act of interpretation. *In general, statutes remove remedy, do not destroy obligation. 2A Sutherland Statutory Construction § 47:23, 2A Sutherland Statutory Construction § 47:16, 2A Sutherland Statutory Construction § 47:27, Learn how and when to remove this template message, United States Court of Appeals for the Second Circuit, "Using a moot to develop students' understanding of human cloning and statutory interpretation", "Legal Writing and Student Scholarship - Georgetown Law", "The Role of Original Intent in Statutory Construction", CRS Report for Congress: "Statutory interpretation: General Principles and Recent Trends", Canons of Construction and the Elusive Quest for Neutral Reasoning, "Llewellyn's Dueling Canons, One to Seven: A Critique", "Statutory Construction: Not For The Timid", "Dice Loading" Rules Of Statutory Interpretation, The Rules of Statutory Construction (Virginia), http://www.uakron.edu/law/lawreview/taxjournal/atj23/docs/Pasternak08.pdf, https://en.wikipedia.org/w/index.php?title=Statutory_interpretation&oldid=1055647224, All Wikipedia articles written in American English, Articles needing additional references from March 2016, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License, Offences defined in criminal statutes are presumed to require. And one of them viz. J. Neethling; J. M. Potgieter; P. J. Visser, IOS 2020 Covid 19 MCQ. Removing bar of statute once fallen does not violate constitutional rights. In Maxwell on the Interpretation of Statutes, 12th Edition, the statement of law in this regard is stated thus: ... GENERAL PRINCIPLES OF RETROSPECTIVE OPERATION OF STATUTES. This approach is reflected in both the common law of statutory interpretation and in s.15AA of the Acts Interpretation Act 1901 (Cth).
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