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Stat Con Assignment

Statutory interpretation is the process by which courts interpret and apply legislation to cases. When a statute's meaning is unclear, courts will use various tools to interpret it, such as considering legislative history and purpose. Courts generally follow precedents set by previous interpretations and apply rules of interpretation, such as presuming consistency within a statute and legislative intent behind language choices. Statutory construction determines a statute's legal effect and is used when the text is ambiguous enough that a court must decide whether a case falls under the statute. Interpretation identifies a statute's true meaning while construction draws inferences to determine legal implications beyond direct expressions.

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44 views2 pages

Stat Con Assignment

Statutory interpretation is the process by which courts interpret and apply legislation to cases. When a statute's meaning is unclear, courts will use various tools to interpret it, such as considering legislative history and purpose. Courts generally follow precedents set by previous interpretations and apply rules of interpretation, such as presuming consistency within a statute and legislative intent behind language choices. Statutory construction determines a statute's legal effect and is used when the text is ambiguous enough that a court must decide whether a case falls under the statute. Interpretation identifies a statute's true meaning while construction draws inferences to determine legal implications beyond direct expressions.

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Greisa Judy
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© © All Rights Reserved
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Statutory interpretation is the process by which courts interpret and cases, courts are free to interpret statutes themselves.

emselves. Once a court


apply legislation. Some amount of interpretation is often necessary interprets the statute, other courts usually will not go through the
when a case involves a statute. Sometimes the words of a statute have exercise again, but rather will enforce the statute as interpreted by the
other court, similar to stare decisis.
a plain and straightforward meaning. But in many cases, there is some
ambiguity or vagueness in the words of the statute that must be Rules Often Followed for Statutory Interpretation
resolved by the judge. To find the meanings of statutes, judges use
various tools and methods of statutory interpretation, including  Statutes should be internally consistent. A particular section of
traditional canons of statutory interpretation, legislative history, and the statute should not be inconsistent with the rest of the statute.
purpose. In common law jurisdictions, the judiciary may apply rules of  When the legislature enumerates an exception to a rule, one can
statutory interpretation both to legislation enacted by the legislature infer that there are no other exceptions.
 When the legislature includes limiting language in an earlier
and to delegated legislation such as administrative agency regulations.
version of a statute, but deletes it prior to enactment of the
statute, it can be presumed that the limitation was not intended
by the legislature.
Statutory Construction  The legislature is presumed to act intentionally and purposely
when it includes language in one section but omits it in another.
Definition  Where legislation and case law conflict, courts generally
presume that legislation takes precedence over case law.
The process of determining what a particular statute means so that a  The Rule of Lenity: in construing an ambiguous criminal statute,
court may apply it accurately. a court should resolve the ambiguity in favor of the defendant.
 A court may also look at: the common usage of a word, case law,
Overview dictionaries, parallel reasoning, punctuation

Any question of statutory interpretation begins with looking at the plain Statutory interpretation
language of the statute to discover its original intent. To discover a
statute's original intent, courts first look to the words of the statute and Substantive law
apply their usual and ordinary meanings.
Statutory or written law that governs the rights and obligations of
If after looking at the language of the statute the meaning of the statute everyone within its jurisdiction. It defines crimes and punishments, as
remains unclear, courts attempt to ascertain the intent of the legislature well as civil rights and responsibilities. Compare: procedural law
by looking at legislative history and other related sources. Courts
generally steer clear of any interpretation that would create an absurd The statute is defined as the will or order of legislature, which is
result which the Legislature did not intend. expressed in the form of text. The traditional way to interpret or construe
a statute is to understand the intention of the legislature. The intention
Because legislators may intend different things when they vote for a bill, of the legislature could incorporate the actual meaning and the object.
statutory construction is often fairly difficult. Statutes are sometimes The process of interpretation and construction assist the judiciary body
ambiguous enough to support more than one interpretation. In these in determining the meaning and purpose of the legislature.
Interpretation helps in determining the real meaning and intention of then construction is opted, so as to decide whether the case is
the legislature. covered by it or not.

On the other hand, construction is used to ascertain the legal effect of Conclusion
the legal text. The two terms are used interchangeably, but there exists
a fine line of difference between interpretation and construction in their When it comes to the legal exposition of the statute, act or any
connotations. So, check out this article in which we’ve simplified it for agreement, interpretation precedes construction. While the
you. interpretation of the statute, is all about exploring the written text,
whereas construction is used in the broader sense, i.e. it not only helps
Basis for in determining the sense and explanation of the provisions of the act but
Interpretation Construction
Comparison also elucidates its legal effect.
Interpretation implies Construction means drawing
the identification of inferences about the subject,
Meaning
true sense of the that are above the direct
statute. expression of text.
Determines Linguistic meaning Legal effect
Legal text exhibits ambiguous
Court complies with meaning and the court has to
Used when simple meaning of the decide whether the words used
legal text. in the legal text covers the case
or not.

Key Differences Between Interpretation and Construction

The difference between interpretation and construction can be drawn


clearly on the following grounds:

1. In law, interpretation refers to, understanding the words and true


sense in the provisions of the statute. On the other hand,
construction is described as drawing conclusions, in relation to
the case, that lie beyond the outright expression of the legal text.
2. While interpretation is all about the linguistic meaning of the
legal text, Construction determines the legal effect of the words
and writings of the statute.
3. When the simple meaning of the legal text is to be drawn, then
that will be called an interpretation. Conversely, when the literal
meaning of the words used in the legal text results in ambiguity,

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