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A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case.
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
Statutory retroactivity has usually been disfavored and is in many instances forbidden by the Ex Post Facto Clause of the Constitution. [19] Therefore: Absent a clear statement from Congress that an amendment [to a statute] should apply retroactively, we presume that it applies only prospectively to future conduct, at least to the extent that ...
Using a literal construction of the relevant statutory provision, the deceased was not "a person entitled to vote". This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that ...
It is intended to apply only to those instances where the court recognizes the existence of more than one interpretation and where the decision that the court reaches harms or benefits the defendant to some greater or lesser degree. In that case, the rule requires the court to select the interpretation most beneficial (or least detrimental) to ...
Although the Court was engaged in statutory interpretation in Mills, the Court eventually characterized Mills as a constitutional decision, in the 1887 case of Chicago & Alton v. Wiggins . [ 14 ] During the following decades and centuries, the Supreme Court has recognized a " public policy exception" to both the Full Faith and Credit Clause and ...
The major questions doctrine is a principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.
Those who have the formal power to create legislation are known as legislators; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation); the executive branch of government can act only within the powers and limits set by the law, which is the instrument by which the fundamental powers ...