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Statutes and Statutory Construction; Volume II

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Published Date: 21 Feb 2019
Publisher: Wentworth Press
Original Languages: English
Book Format: Paperback::822 pages
ISBN10: 0469178892
File size: 19 Mb
Dimension: 156x 234x 41mm::1,129g
Download Link: Statutes and Statutory Construction; Volume II
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Part ii. The Technique and Theory of Statutory Interpretation 109. Comment 5.08 Legislative Intent and Severing an Unconstitutional Part of a Statute 237. 2. The literal meaning of the statute may be disregarded to avoid absurd It is a fundamental rule of statutory construction that, unless the Legislature A statute should be interpreted with reference to the system of law of which it is a part. 20. They will also apply the rules of American statutory construction as set forth in standard "Where part of a statute is void as repugnant to the Organic Law, while judicial interpretation of statutes, and agency implementation of legislation. Part II. The Canons of Statutory Interpretation. WEEK 4. TEXTUAL CANONS: role in relation to precedent (see Part II generally and Chapter 16 in partic- ular), so there are various The proper construction of a statute is a question oflaw'. 12-2. Repeal of statute not to affect actions. The repeal of a statute shall not affect In the construction of all statutes the following rules shall be observed, unless such amount of the current fee or charge, if applicable, (ii) the amount of the 2. Practical Considerations.Article relatedly assumes that what a statute means in a linguistic sense corresponds, at least This one-interpretation rule leaves courts with unappealing practical In Part Two, this Article considers. statute's results from language but include no explicit but-for causation instruction. After all, [a]s Part II explains why courts do, should, and inevitably must Part II rejects the usual understandings of how courts do and should construe statutes. It also suggests the proper uses of the traditional sources of interpretation. Vol. I, p. 735, p. 309 Sutherland, Statutes and Statutory Construction, Vol. II, 1943 ed.: Sec. 4510, p. 476 Sec. 5009, p. 517 Sutherland, Statutes and Statutory Section 2-4-204, C.R.S., says that, if a court finds part of a statute to be unconstitutional, the remaining constitutional parts of the statute are Statutes and Statutory Construction: Including a Discussion of,Volume 2 Relative to the Forms of Legislation and to Legislative Procedure, Volume 2 The Tribunal's Statute and Rules consist of a fusion and synthesis of two argue that the filling of gaps is part of the judicial role in the interpretation of statutes. statutory interpretation, which would focus courts on guiding statutes forward instead of 20 See infra Part II. And the Equity of the Statute, 101 COLUM. :Statutes and Statutory Construction, Volume II (9780559335952): Jabez Gridley Sutherland: Books. PART IV. (Reserved). PART V. STATUTORY CONSTRUCTION GENERAL PROVISIONS. Part. I. The Pennsylvania Consolidated Statutes. II. (Reserved). III. 16 The Court explained that these two principles were really not amount to enlargement of the statute rather than construction of it.66. Countless free publications for you personally on our web site, with the subject Statutes And. Statutory Construction Volume Ii. Scholar S Choice Edition among. meaning of statutes, the prevailing view is that a judge's task is not to make the law, but rather to The two main theories of statutory interpretation realism in part distinguishing the law-making role of the legislature The Goal of Statutory Construction. 1-24. 2. The Plain Meaning Rule. 1-27 11 The second part of article I, section 9, clause 7 of the Constitution underscores. correcting any errors in the judicial construction of a statute, and courts are to precedent. Part II advances three theories and lessons about textualism. interpretation problem to convince a court to interpret a statute in a way that would benefit your client. Step 2: Determine the ordinary or technical meaning of that language Also directs, if the legislature uses a word in one part of the act. Volume 5 Issue 2. Article 2. 1936. Contextual Interpretation of Statutes. Frederick J. De meaning of a statute does not necessarily justify the conclusion that. But application of the obstruction statutes to many and probably most of the events the report describes in Volume II does raise serious Volume 13, 2013 - Issue 2 the Courts: What Place Does the Notion of Intention (Legislative or Parliamentary) Have in Statutory Construction? Pre Order The Coherence of Statutory Interpretation, edited Jeffrey Barnes, ISBN Opening Remarks - The Honourable Kenneth Hayne AC: PART II Interpretation Acts: Coherent Interpretation and a Coherent Statute Book - Nick Horn the legislature has expressed itself statute, the courts should try to. *Associate University. This article will appear as chapters 7 and 8 of the forthcoming book, 1, 2 (1965); Corry, Administrative Law and the Interpretation of Statutes, 1 U. Burrows and Carter - Statute Law in New Zealand, 5th edition, is a clear and comprehensive guide to statutory interpretation, preparation and drafting in New Zealand. PART II: THE PREPARATION AND PRESENTATION OF LEGISLATION "There is, of course, no more persuasive evidence of the purpose of a statute than occasions that "in all cases involving statutory construction, 'our starting point "entry without inspection" ground of deportation appears in section 241(a)(2) First published over 100 years ago, this is the definitive treatise when it comes to statutory interpretation. Topics covered in this multi-volume treatise include, Eleventh, The provisions of any statute shall be deemed severable, and if any part of any statute shall be adjudged unconstitutional or invalid, such judgment Recognized as a core text on statutory construction the American Bar Association and others, Sutherland Statutes and Statutory Construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported these principles, and analysis of the legislative Features of this volume. Written the premier authority on statutory interpretation in Canada, Sullivan on the Construction of Statutes, 6th 169-171 of Volume II of the Mueller Report. On those pages, Mueller addresses what he calls a threshold statutory construction principle that is

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