Law and It'S Application: Intro. To Law - Chapter 3
Law and It'S Application: Intro. To Law - Chapter 3
INTERPRETATION of LAWS
When the law and its meaning is clear
and unmistakable, there is no need to
interpret it any further;
When construction and interpretation is
necessary; the court should interpret the
law according to the meaning the
legislature intended to give it;
If there are two possible interpretation of
the law, that which will achieve the end
desired by congress should be adopted;
APPLICATIONS of LAW
STATUTORY
CONSTRUCTION, ITS
CONCEPT,PURPOSE, and
EFFECT:
Statutory Construction :
Is the act 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
the intention is rendered doubtful,
among others, by reason of the fact
that the given case is not explicitly
provided for in the law.
CONSTRUCTION DISTINGUISHED
from INTERPRETATION:
WHEN
IS IT
NECESSARY AND
NOT NECESSARY TO
INTERPRET AND
CONSTRUCT ?
WHEN NECESSARY ?
TITLE
PREAMBLE
WORDS,PHRASES AND SENTENCES CONTEXT
PUNCTUATION
HEADINGS AND MARGINAL NOTES
LEGISLATIVE DEFINITION AND
INTERPRETATION
II.
EXTRINSIC AIDS
1.
2.
3.
4.
5.
6.
7.
8.
CONTEMPORANEOUS CIRCUMSTANCES
POLICY
LEGISLATIVE HISTORY OF THE STATUTE
CONTEMPORANEOUS AND PRACTICAL
CONSTRUCTION
EXECUTIVE CONSTRUCTION
LEGISLATIVE CONSTRUCTION
JUDICIAL CONSTRUCTION
CONSTRUCTION BY THE BAR AND LEGAL
COMENTATORS
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