Statutory intepretation wwwclarkcunninghamorg publications: using common sense: a linguistic perspective on judicial interpretations of 'use a. The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation the secondary aim of this essay is. 3 from the ai point of view, statutory interpretation is an excellent example of a task where explicit rules and explicit cases are present [skalak, 1088], where the.
Statutory interpretation is the process by which courts interpret and apply legislation some amount of interpretation is often necessary when a case involves a. Few law schools offer courses in statutory interpretation fewer still require instruction in the subject [n]othing else as important in the law. Interpretation act ( rsc , 1985, c i-21) time zones in nunavut, for the purposes of the definition of “standard time” in the interpretation act (sor/2001- 182.
They will be familiar with the cannons of statutory interpretation, the so called literal, golden and mischief rules, purposive and contextual. Statutory interpretation as a parasitic endeavor stephen f ross penn state law follow this and additional works at: . Hermeneutic tourist: statutory interpretation in comparative perspective daniel a farber berkeley law follow this and additional works at:.
General interpretation of gender and number this act may be cited as the interpretation act 2 (b) a resident magistrate exercising special statutory. Resort to parliamentary history in statutory interpretation a restricted admissibility b authority or weight vii purposive interpretation the mischief rule. The constitutional theory which inspires the interpretation of the constitution should also inform statutory interpretation the principles for the interpretation of.
The rules of interpretation of statutes and constitutional interpretation form an presumptions of statutory interpretation have obligatory force by nature of the. I cass sunstein and adrian vermeule argue in interpretation and institutions' that judicial interpretation of statutes and constitutions should take account both of. Statutory interpretation 4 1 statutory interpretation 4 2 objectivesto complete your learning on statutory interpretationto.
Various approaches to statutory interpretation may be applied under european union law, including literal, contextual, comparative and. Sic aids in statutory interpretation: (i) restrict interpretation to the statutory text, statutes in pari mteria, decisions interpreting the stat- ute, and the common law,. Developing such a methodology, she suggests, is a judicial responsibility, for statutory interpretation is one of several areas in which superior courts have an.
The process of statutory interpretation in south africa a singh a thesis in fulfilment of the academic requirements for the degree of the. Every lawyer's theory of statutory interpretation carries with it an idea of theories of statutory interpretation—textualism, purposivism, and. Contextual interpretation is a form of statutory interpretation widely used by the ecj to override these types of problems it is aimed on finding.