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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.
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 ...
For the purpose of resolving this issue, courts have developed canons of interpretation. The rule of lenity is one such canon. The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state.
An "authentic interpretation" is an official and authoritative interpretation of a statute issued by the legislator of the statute. In canon law an authentic interpretation has the force of law. Besides the Supreme Pontiff (Pope), who has plenary legislative power, several other authorities in the Catholic Church have various grades of ...
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 ...
Canonists have formulated interpretive rules for the proper interpretation of canonical laws. An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. An authentic interpretation has the force of law.
Similarly, canons containing a precept already binding by reason of Divine or natural law, cannot be on the same footing as those that are of mere ecclesiastical origin. [ 4 ] In general, the Corpus Juris Canonici declares [ note 4 ] that canonical statutes are binding on all; likewise [ note 5 ] that bishops are the guardians of the canons and ...
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.