What is the rule against surplusage?
Rule against surplusage: Where one reading of a statute would make one or more parts of the statute redundant and another reading would avoid the redundancy, the other reading is preferred.
What is statutory construction Philippines?
Statutory Construction – the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.
What is a statutory construction case?
Definition. The process of determining what a particular statute means so that a court may apply it accurately.
What are the canons of statutory construction?
The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis – “of the same kinds, class, or nature,” (2) Expressio unius est exclusio alterius – “the express mention of one thing excludes all others,” (3) Noscitur a sociis – “a word is known by the company it keeps,” …
What is statutory Surplusage?
In jurisprudence, surplusage is language within a document that has no legal relevance to a cause, and may thus be ignored. Another use of the term is in statutory interpretation.
What are the rules of statutory construction?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.
What are the traditional tools of statutory construction?
Tools of Statutory Interpretation. Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history, and evidence of the way a statute is implemented. These tools often overlap.
What is the meaning of surplusage?
Definition of surplusage 1 : surplus sense 1a. 2a : excessive or nonessential matter. b : matter introduced in legal pleading which is not necessary or relevant to the case.
What is the golden rule of statutory interpretation?
It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.
What are the three main rules of interpretation?
- the literal rule.
- the golden rule.
- the mischief rule.
- the purposive approach.
What are the subjects of statutory construction?
These are: a) the executive; b) the legislative; and c) the judiciary. The legislative department enacts the laws. And, the judiciary interprets the laws. And then, the executive implements the laws.
Who writes statutory law?
Statutory law can be created by any branch of government at a federal, state, or local level. When a law passes at a federal level, it will apply to the whole country. These laws take precedence over any other type of law: state or local laws can’t override federal laws.
What are statutory regulations?
Statutory regulation exists to protect the public against the risk of poor practice. It works by setting agreed standards of practice and competence by registering those who are competent to practise and restricting the use of specified protected titles to those who are registered.
What is statutory surplusage?
Is statutory law the same as civil law?
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous.
What is the difference between statutory and non-statutory regulations?
The difference between a statutory and a non-statutory service is that a statutory service is paid by tax payers, funded by the government and is set up by the law. They are usually uniformed and highly professional an example would be the Emergency Services and the Armed Forces.