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A statute is a formal written enactment of a legislative body, [1] a stage in the process of legislation. Typically, statutes command or prohibit something, ...
A few volumes of the CFR at a law library (titles 12–26) In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent ...
A statute is presumed not to remove an individual's liberty, vested rights, or property. [3] A statute is presumed not to apply to the Crown. A statute is presumed not to empower a person to commit a criminal offence. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory": Shaw v DPP). [4]
Statutes often repeal or amend earlier laws, and extensive cross-referencing is required to determine what laws are in force at any given time. [ 2 ] The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, and eliminating expired and amended sections.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy." The primary administrative law statutes and other laws that govern agency rule making include: [3] The Administrative Procedure Act, 5 U.S.C. §§ 552 and 553