What is statutory construction Philippines?

Statutory Construction – the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

What do you mean by construction of statutes?

In simple words, construction is the process of drawing conclusions of the subjects which are beyond the direct expression of the text. The courts draw findings after analysing the meaning of the words used in the text or the statutes. This process is known as legal exposition.

What is the purpose of statutory construction?

Definition. The process of determining what a particular statute means so that a court may apply it accurately.

What is Canon statutory 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.

You might be interested:  Often asked: How Long Does It Take To Be A Construction Manager?

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.

What are the principles of statutory construction?

“One of the primary and basic rules in statutory construction is that. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.”

What is the principle of harmonious construction?

Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.

What is the rule of beneficial construction?

Rule of Beneficial Construction Beneficent construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation should be chosen.

What is rules of construction?

Rule of construction pertains to policies and laws that courts use to resolve disputes between parties within an agreement. The courts interpret and examine the contract according to certain rules of construction to determine the wishes of all parties.

What is the purpose of statutory law?

Laws are rules that are passed down by a controlling authority that have binding legal force and carry consequences of punishment if they are not followed. Their purpose is to promote justice and prevent harm. When all of the laws are taken together, they are collectively known as statutory law.

You might be interested:  Often asked: What Is Construction Aggregate?

What is the basic principle of statutory interpretation?

A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the language it employed.”84 The modern variant is that statutes should be

Why is statutory interpretation needed?

Statutory interpretation is important to the access to justice because it helps the judiciary system implement the law in an efficiency and effective way and helps the Parliament to make the law.

Which rule of interpretation is best?

The Golden Rule It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. It is used in a wider sense to avoid a result that is obnoxious to the principles of public policy. It is known as the golden rule because it solves all the problems of interpretation.

What are the three rules of interpretation?

Rules Of Interpretation

  • Grammatical or Literal Rule of Interpretation.

What are the three main rules of statutory interpretation?

In the construction ( interpretation ) of statutes, the principle aim of the court must be to carry out the “Intention of Parliament”, and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.

Leave a Reply

Your email address will not be published. Required fields are marked *