Statutory interpretation

statutory interpretation essay

However, in areas where the Canadian constitution is silent, the federal government does Statutory interpretation necessarily have superior jurisdiction. Leges posteriores priores contrarias abrogant Subsequent laws repeal those before enacted to the contrary, aka "Last in Time" When two statutes conflict, the one enacted last prevails.

Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. Textual[ edit ] Textual canons are rules of thumb for understanding the words of the text.

Some of the better-known rules of construction methods are:. It may also be unwise[ citation needed ] to depart from the literal text if judges are generally less likely than legislatures to enact wise policies. In these cases the federal law is held to be paramount.

Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s.

Volumes 3A-3C cover the application of the rules of statutory interpretation in selected areas of substantive law. In Canadathere are areas of law where provincial governments and the federal government have concurrent jurisdiction. The Charming Betsy6 U. Avoidance of abrogation of state sovereignty See Gregory v.

Substantive canons instruct the court to favor interpretations that promote certain values or policy results.

Statutory interpretation maxims

It is controversial[ citation needed ] whether there is a hierarchy between interpretation methods. Noscitur a sociis "a word is known by the company it keeps" When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. Criticism[ edit ] 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. A particular section of the statute shall not be divorced from the rest of the act. Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. Expressio unius est exclusio alterius "the express mention of one thing excludes all others" Items not on the list are impliedly assumed not to be covered by the statute or a contract term. All updates, revisions, and new editions included. This is usually indicated by a word such as "includes" or "such as. The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated. Natural Resources Defense Council , U. The freedom of interpretation varies by area of law.

Historical interpretation: using the legislative history, to reveal the intent of the legislator. Charming Betsy canon National statute must be construed so as not to conflict with international law.

Rated 8/10 based on 85 review
Sutherland Statutes and Statutory Const