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Judicial interpretation
Forms
Constitutional interpretation
Statutory interpretation
General rules of interpretation
Plain meaning rule
Mischief rule
Golden rule
General theories of interpretation
Living Constitution / Living tree / Living instrument
Originalism (original meaning)
Original intent (legislative intent, legislative history)
Strict constructionism
Textualism
Purposive approach
Common good constitutionalism
Legal realism
Legal process
Legal formalism
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Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.
In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
and 24 Related for: Statutory interpretation information
Statutoryinterpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves...
construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common...
legislation relating to interpretation of legislation Judicial interpretation, an interpretation of law by a judiciary Statutoryinterpretation, determining the...
Public and private bills Organic statute Super statute Constitution Statutoryinterpretation Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition...
Supreme Court. On an interpretation of state law, whether common law or statutory law, the federal courts are bound by the interpretation of a state court...
The mischief rule is one of three rules of statutoryinterpretation traditionally applied by English courts, the other two being the "plain meaning rule"...
employment. By using statutoryinterpretation in the majority opinion, the Court in Price Waterhouse expanded the interpretation of Title VII to “establish...
The major questions doctrine is a principle of statutoryinterpretation applied in United States administrative law cases which states that courts will...
Limits of Literalism: Defining the Absurd Result Principle in StatutoryInterpretation", 44 Am. U. L. Rev. 127, 1994–95 (purchase required for access...
Separation of powers Statutoryinterpretation John E. Finn (2006). "Part I: Lecture 4: The Court and Constitutional Interpretation". Civil Liberties and...
Originalism is a method of constitutional and statutoryinterpretation. Most Originalists assert that legal text should be interpreted based on the original...
Textualism is the perspective of statutoryinterpretation in which the courts should read the words of that statutory text as any ordinary member of congress...
presented. Riggs v. Palmer (Earl, J): used the "social purpose" rule of statutory construction, the process of interpreting a will. Wood v. Lucy, Lady Duff-Gordon...
has continued to teach civil procedure, constitutional law, and statutoryinterpretation. On September 26, 2020, Trump nominated Barrett to succeed Ruth...
meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are...
importance of the separation of powers and literal approach to statutoryinterpretation. Two others overturn the convictions; one focuses on "common sense"...
2016–2020. He writes primarily on constitutional law, legislation and statutoryinterpretation, religion, marriage equality, and LGBT rights. After earning a...
status that same year. Gorsuch is a proponent of textualism in statutoryinterpretation and originalism in interpreting the United States Constitution...
construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutoryinterpretation usually involves a personal...
she was co-author of the preeminent case book on legislation and statutoryinterpretation, Cases and Materials on Legislation and Regulation: Statutes and...
Original intent is a theory in law concerning constitutional and statutoryinterpretation. It is frequently used as a synonym for originalism;[1] while original...
seek an objective interpretation of the law. The jurisprudence of statutoryinterpretation is not settled in Australia. Interpretive doctrines such as the...
comprehensive, courts began to operate within narrower limits of statutoryinterpretation. Jeremy Bentham famously criticized judicial lawmaking when he...
question of judicial activism is closely related to judicial interpretation, statutoryinterpretation, and separation of powers. Arthur Schlesinger Jr. introduced...
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