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Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the Department of Motor Vehicles (DMV).
For example, see Rector, Holy Trinity Church v. United States , 143 U.S. 457 (1892). Even the most vocal supporters of textualism and the plain meaning rule have been willing to commute "strict" plain meaning to "soft" plain meaning to a certain extent, in some circumstances; see, e.g. United States v.
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.
According to Rudolf Carnap, in logic, an interpretation is a descriptive interpretation (also called a factual interpretation) if at least one of the undefined symbols of its formal system becomes, in the interpretation, a descriptive sign (i.e., the name of single objects, or observable properties). [1]
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...