statutory interpretation

(redirected from Canons of statutory construction)

statutory interpretation

a generic title for the practice of reading statutes. Certain rules have grown up both in interpretation generally and for statutes in particular. A major aid is the Interpretation Act 1989, which lists a number of deemed interpretations. See EJUSDEM GENERIS RULE, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS, GOLDEN RULE, LITERAL RULE, MISCHIEF RULE, NOSCITUR A SOCIIS.
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705(a) using the well-established canons of statutory construction and
The canons of statutory construction defer to historical practice in at least three senses.
2) The article famously challenged the view that the canons of statutory construction provide neutral, predictable legal rules that lead courts to one "correct" reading of a statute.
83-3(c>(2) most likely referred to a termination for serious employee misconduct that is unlikely to occur, based on the history of the regulation and the canons of statutory construction.
1) The bulk of the book is devoted to explaining seventy "[s]ound [p]rinciples of [i]nterpretation," (2) many of them complicated canons of statutory construction.
The Supreme Court has relied on "the Secretary's intent at the time of the regulation's promulgation," (78) canons of statutory construction, (79) statutory language and purpose, (80) the consistency of the agency's interpretation over time, (81) the regulation's own procedural history, (82) and the consistency with the agency's statement of basis and purpose.
application of canons of statutory construction is not governed by stare
role of normative canons of statutory construction (22)--for example, an
40) A court must interpret the federal criminal law's meaning to apply it against a defendant, but when a court considers it ambiguous, it may employ canons of statutory construction to interpret the ambiguous law and may ultimately interpret the law in the defendant's favor absent any ability for clear interpretation.
Professors Nourse and Schacter note that "[i]t is evident" even among staffers--who are more likely to know and employ these rules of construction than the legislators they serve-"that canons of statutory construction are not systematically a central part of the drafting enterprise in which staffers participate, nor .
We apply the rule "only when, after consulting traditional canons of statutory construction, we are left with an ambiguous statute.
24) Where congressional intent is ambiguous, the courts employ a variety of canons of statutory construction to resolve the uncertainty.