interpretation and application of statutes

by F. Reed Dickerson

Publisher: Little, Brown in Boston

Written in English
Published: Pages: 309 Downloads: 260
Share This

Places:

  • United States,
  • Great Britain

Subjects:

  • Law -- United States -- Interpretation and construction.,
  • Law -- Great Britain -- Interpretation and construction.

Edition Notes

Includes bibliographical references and indexes.

StatementReed Dickerson.
Classifications
LC ClassificationsKF425 .D5
The Physical Object
Paginationxx, 309 p. ;
Number of Pages309
ID Numbers
Open LibraryOL5184379M
LC Control Number75002504

Reed Dickerson, The Interpretation and Application of Statutes (Little, Brown and Company ). See WorldCat for library copies and BookFinder for copies for sale. William N. Eskridge, Jr., Dynamic Statutory Interpretation (Harvard University Press ). See WorldCat for library copies and BookFinder for copies for Size: 1MB. Rules of Interpretation of Tax Statutes P a g e 6 | 49 INTRODUCTION 1. Introduction: No enactment has been enacted by the Legislature for Interpretation of Statues including on Tax Laws. However, in many an acts, definition clause is inserted to mean a ‘word’ or ‘expression’. Explanations and Provisos are inserted to expand or. Divided into two parts, the book begins with an analysis of the roles played by the structure and operation of statutes in their interpretation. The second part delves into the methods of interpretation: grammatical, systematic and logical, purposive, historical, pragmatic and interpretation by authorities.   The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the Legislature – not to control that intention or to confine it within the limits, which the Judge may deem reasonable or expedient. The correct is one that best harmonises the words with the object of the statute. [7] As stated by Iyer J. “to be.

  Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of .   Statutory InterpretationHow Judges Read the Statute Laws of Parliament Role of the CourtsRecall the courts have two main roles To resolve disputes, both criminal and civilTo declare the law by Creating new common law ex post facto and interpreting the meaning of statute law Declaring the Statute LawThere can be uncertainty and dispute about the.   Sullivan on the Construction of Statutes, 6th Edition This edition offers a complete and up-to-date account of statutory interpretation. It includes clear explanations of the traditional rules of interpretation, explores the principles underlying the rules and offers numerous illustrations of their application. • The book follows a user-friendly format with: (i) Cases illustrating the application of the rules of interpretation set out in tabular form (ii) Judicial interpretation of legal maxims has been presented in tabular form • The book is a standard reference for Judges, Presiding officers, Members, Chairpersons of Tribunals/ Commissions.

Interpretation and Application to Facts of Extracts from Three Statutes Number Department Case A: Alec’s Criminal Liability for Attempted Criminal Damage to Bruno, under the S1 Criminal Attempts Act and the Criminal Damage Act, There is a solid ground for this case. In the first place, there is the Actus Reus (the voluntary and wrongful act or wrongful omission . Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but thought experiments applying the law quickly revealFile Size: 1MB. interpretation of constitutional and statutory provisions alike. Welfare, social and beneficial statutes are not to be construed strictly. Doubts are resolved in favour of the class of persons for whose benefit the statute is enacted. On the other hand penal and taxing statutes and statutes excluding Court's jurisdiction should be strictly File Size: 84KB. INTERPRETATION OF STATUTES CASES, NOTES, EXAMS AND ANSWERS. regarding the text book. in my opinion it would be a better idea to get the text book, read it yourself and the relevant cases. summaries i suppose can be used for revision ect. but imo i would always get the text book and cases and read them myself first. am currently doing a.

interpretation and application of statutes by F. Reed Dickerson Download PDF EPUB FB2

The Interpretation and Application of Statutes Hardcover – December 1, by Reed Dickerson (Author) See all formats and editions Hide other formats and editions.

Price New from Used from Hardcover "Please retry" $ $ $ Hardcover $ 6 Cited by: in the interpretation and application of statutes are also applicable in reading and interpreting other legal documents. The principles that enable one to read with understanding are also guides to writing with clarity and precision.

Consequently the message of this book is impor. Additional Physical Format: Online version: Dickerson, F. Reed (Frederick Reed), Interpretation and application of statutes. Boston: Little, Brown, Interpretation and application of statutes book Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent.

In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when. User Review - Flag as inappropriate The book is good for the students of Interpretation of Statutes. It gives a basic idea on the subject.

Students preparing for examinations should also refer to this bookReviews: 1. Not a good book. There is very little reference to case law. There is much better books on interpretation.

For example, Mastering Statutory Interpretation, Second Edition (The Carolina Press Academic Mastering Series) by Linda D. Jellum is a much better book.4/4(1). Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the U.S., New Zealand, Australia, and Britain to provide a comprehensive overview of the interpretation of statutes.

The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. As stated by Salmond, “By interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which.

Apart from above brief submissions on interpretation of different statutes, many types of Internal and External aids are used for the purpose of interpretation of statute. The term internal aid is defined as interpretation of statute with those means which are found within the text of the statutes.[26] For example:Preambles, Definitional.

Interpretation of Statutes by Ravi Shinde and a great selection of related books, interpretation statutes. several alternative meanings applicable in different contexts and for different purposes so that no clear field for the application of a word can be identified.

As long as expansion of meaning takes place uniformly, the law will. This video contains Jurisprudence, Interpretation and General Laws-INTERPRETATION OF STATUTES (Part-1) of CS Executive NEW SYLLABUS Playlist: Jurisprudence, Interpretation and General Laws. Statutes can be classified by object, by method, by reference to duration - 1) Classification by object - a) Declaratory Statutes - Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any Statute such Acts are held to.

The Interpretation of Statute. words (6 pages) Essay in Constitutional Law When judges are interpreting statutes their aim is to give meaning to a disputed point of legislation as to show what Parliament appears to have intended called interpretation.

The Interpretation Act provides some terms to be used. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of Edition: 5th Edition.

The book then addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of uniform statutes.

Part I: Fundamental Themes. Theories of statutory interpretation / Suzanne Corcoran The architecture of interpretation: dynamic practice and constitutional principles / Suzanne Corcoran Statutes and the common law: the continuing story / Paul Finn The interpretation of the Constitution / Leslie Zines Ethical.

Description: Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the U.S., New Zealand, Australia, and Britain to provide a comprehensive overview of the interpretation of statutes.

Interpretation of statutes to render justice is primary function of the judiciary. The main body of the law is to be found in statutes, together with the relevant statutory instruments and in case law as enunciated by Judges in the Courts. However the application of this rule in the interpretation of taxing statutes is rather limited since.

Category Archives: Interpretation of Statutes Introduction, Meaning and Nature of Interpretation Introduction Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction.

The construction of statutes: including a general discussion of certain foundational subjects, such as the nature and source of statute law, the separation of powers, the legislature and the legislative process, the initiative and the referendum, constitutional regulations relative to the form and the enactment of legislation, the pleading and proof of statutes.

The two predominant theories of statutory interpretation today are purposivism and textualism. 93 As discussed, both theories share the same general goal of faithfully interpreting statutes enacted by Congress.

94 This goal is grounded in the belief that the Constitution makes the legislature the supreme lawmaker and that statutory. unisa interpretation of statutes study material. Please join the Lillian Goldman Law Library, American Constitution Society at YLS, and YLS Federalist Society for a Book Talk with Prof.

William Eskridge ’78 on his latest book, Interpreting Law: A Primer on How to Read Statutes and the tary provided by Prof. Heather Gerken. The event will take place on Wednesday, Ma- pm. The courts must give dual-application statutes just one interpretation, and the criminal application controls.

Statutes are not “chameleon[s]” that mean one thing in one setting and something. Interpretation. The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will.

The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined.

His new book Judging Statutes is a pleasure to read. It is succinct and educational. It is succinct and educational. Chief Judge Katzmann’s goal is to show that various tools of statutory interpretation, especially legislative history, can enhance judges’ understanding of statutory meaning and allow them “to be faithful to the work of the.

Rules of interpretation of Statutes: Following are the rules of the interpretation of Statues: The subject of the interpretation of statues or Acts is very wide. The legislature makes the laws while the judges of the law courts apply or interpret the laws.

Legislation or lawmaking is a very high prerogative vested only in the legislature. The nature and justification of the ultra vires doctrine in administrative law, the protection of common law principles by ‘presumptions’ of legislative intention, the judicial response to statutes in cases such as Anisminic and Factortame, all raise questions about the relationship between statutory interpretation and parliamentary Author: Jeffrey Goldsworthy.

University. This article will appear as chapters 7 and 8 of the forthcoming book, THE INTERPRETATION AND APPLICATION OF STATUTES (Little, Brown and Co.). SJ. GRAY, THE NATURE AND SOURCES OF THE LAV (2d ed. ).Cited by: 2. * The theoretical background of statutory interpretation cannot simply be ignored or wished away.

A basic understanding of theory is essential for a perspective on and understanding of legal interpretation. * One of the reasons for the dismal state of statutory interpretation in SA is the lack of a sound theoretical basis for the Size: KB.

rules of interpretation of statutes|Literal rule of interpretation of statutes |कानूनो का निर्वचन|| - Duration: Cute quee views These usually flow from a robust application of the modern principle, which is the official approach to statutory interpretation in Canada, and is a sound and wise methodology.

The modern principle embraces various singular approaches to statutory interpretation in that it focuses on the language of a statutory provision in light of its purpose.This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist.

Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts.