statutory interpretation

(redirected from Rules of 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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in classic literature ?
There are two rules of construction, dictated by plain reason, as well as founded on legal axioms.
Further, they preferred to apply the rule that legislation enacted later in time should prevail over earlier inconsistent language.<br />Examining the relevant statutory scheme through those lenses, Indeglia wrote that "[u]sing these two rules of construction convinces us that the General Assembly limited taxpayer appeals to the year of the last update or revaluation."<br />The 21-page decision in Balmuth, et al.
So, while this judgement seems to be morally correct, the rules of construction and judicial precedent set by a larger bench of Supreme Court have been sidestepped.
How could there possibly be any uniformity of federal maritime law regarding the interpretation of maritime insurance contracts when the states have differing standards regarding their rules of construction of policies, such as the treatment of textual ambiguities, the reasonable expectations of the insured, or whether the two are interrelated?
(14) Although Sisk, Dorsey, and Eskridge take distinct attitudes toward the legislated prohibition, they all interpret the rules of construction as meaning the same thing--that is, as an instruction by Congress not to draw interpretive inferences based on where a provision was placed in the Code or what caption it was given.
The work product is identified as part of the way of working; it is produced, shared with the team and inspected; it is complete and its parts are traceable to predecessor work products; it is correct and its parts are verified and provably correct; it is consistent in style and form of recording and with the software system architecture and its rules of construction; and it delivers value-added benefits, traceable to user stories and the "done" criteria for the way of working.
If after applying the other general rules of construction an ambiguity remains, the ambiguous contractual provision is to be construed against the insurer and in favor of coverage.
Countless buildings in the teeming city of more than 20 million have been put up in defiance of the most elementary rules of construction, often without permission, rescue services say.
However, it is important to remeber that all the above-mentioned rules of construction are not of an obligatory nature - they are merely guidelines for the court to help it ascertain the presumed intention of the parties.
It turned out the collapse of the roof occurred due to a gross violation of the rules of construction, there is no seismic foundation.
LePatner says developers, contractors and lenders can ensure the financial health of their projects by following his Four Golden Rules of Construction Cost Certainty.