Law, in its jural and generic sense, refers to the whole body or system of law. Statutory construction by agpalo law book, statutory. Driedger on the construction of statutes by professor ruth sullivan and the interpretation of legislation in canada by professor pierreandre cote are works by serious scholars that push well beyond the catalogues of conflicting maxims, canons, and theories that have traditionally passed for works on statutory. To discover a statutes original intent, courts first look to the words. Both subjects are too large to be discussed in depth here. The case for strict statutory construction of mandatory. Moreover, while rules of statutory construction are stable and remain constant. Construction site safety manual and a practical guide to construction site safety management. Statutory construction is the art or process of discovering and expounding meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of. Other states have similar provisions on the rules of construction, typically found in the first title of the statutory code. Moreover, while rules of statutory construction are stable and remain constant, there have been some variations and new applications of the rules since the fifth edition came out in 1998, which require the book to be updated. Second, this note examines the conflicting cases that fuel the confusion over the appropriate remedy for agency inaction.
Singer first published over 100 years ago, this is the definitive treatise when it comes to statutory. Richard presented the nevada supreme court with a case of first impression. Introduction statutory interpretation treatises guides. Statutory interpretation and legislative drafting wildy.
Below are various quotes on this topic from us courts. Helpful reads from the blog inspiring women to lead. Statutory interpretation legislative process library. Case digests statutory construction it is the various methods and tests used by the courts for determining the meaning of law.
Law in its broad or generic sense whole body or system of rules. The common textual canons of statutory construction employed in american jurisprudence are. Petitioner willfully and unlawfully have in his possession and under his. The book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice. Statutes and statutory construction seventh edition volume 4, 202014 revision norman j. Read this article to learn about the statutory books to be maintained by a company. Statutory interpretation in private law law institute of. A strict or liberal construction will depend upon a combination of many. The illinois mechanics lien act is codified at 70 ilcs 601. Statutory construction is the art or process of discovering and expounding meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law is the drawing of warranted conclusions respecting subjects.
Construction, verily, is the art or process of discovering and expounding the meaning and intention of the authors of the. If the language used in a statute is plain and understandable, legislative intent must be gathered from it and there is no need to resort to rules of statutory construction. These are basically statutes about statutory interpretation. Art in the age of mass incarceration along with selected art from the book on. When a statute becomes the subject of a dispute in court, judges usually must interpret the law. Statutory payment provisions and the scheme for construction contracts are dealt with in part 4, and part 5 compares the most frequently used adjudication provisions and. Statutes and statutory construction seventh edition volume. Economic loss doctrine does not preclude negligence. This sixth edition has been necessitated by the exhaustion of the copies of the previous editions of the book. Particular applications such as the role of statutory interpretation in contributory negligence, defamation, directors duties, consumer law and equity are also considered.
Finally, this note concludes that section 7061 requires strict. Statutory constructions, its concept, purpose and effect. For more books on this topic, search the library catalog with one of these subject headings. Yet, even though their subject matter may have become. Statistical books refer to books of account and such other record books like an inventory. Mar 22, 2019 these are basically statutes about statutory interpretation. Rules of construction of statutes may be invoked only where the language is ambiguous. Each state has statutes on the rules of construction.
Open library is an open, editable library catalog, building towards a web page for every book ever published. For decades, lawyers have debated the proper scope of this hypothetical law. May 01, 2020 statutes and statutory construction sutherland statutory construction, 7th ed. General principles and recent trends volume 97, issue 589 of crs report for congress heinonline. Rule against implied repeals, and reflection of changed circumstances pp. We begin with the familiar canon of statutory construction that the starting point for. Apr 22, 2011 statutory construction by jose jesus g. Statutory interpretation e2 law institute of victoria. Constitutional and statutory interpretation books africa. Sutherland statutes and statutory construction by norman j. Previous editions of liquidated damages and extensions of time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area. This is a pre1923 historical reproduction that was curated for quality. According to the companies act, a company has to maintain several types of books. The books and articles mentioned here have been chosen and organized to give drafters an overview of the problems involved in reading and understanding statutory text.
According to the companies act, a company has to maintain several types of books and registers. Twentyfifth, preceding or following, used with reference to any section of the statutes, shall mean the section last preceding or next following, unless some other section is expressly designated in such reference. Construction, verily, is the art or process of discovering and expounding the meaning and. Statutes and statutory construction seventh edition. Canada is not badly served by books on statutory interpretation. Law, in its jural and generic sense, refers to the whole. So this chapter is limited to basic information and bibliography with annotations.
Statutory interpretation legislative process library guides at. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. Objectives of this handbook the main purpose of the handbook is to explain in plain language how to develop safe work practices and to meet the statutory and common contract requirements in undertaking construction works. Here weve got titles that help you learn more about carpentry, construction management, the fundamentals of surveying and even things like reinforced concrete.
If after looking at the language of the statute the meaning of the statute remains. Constitutional and statutory interpretation book, 2000. Capitalism and the construction of nature mark daniel barringer. Statutes and statutory construction sutherland statutory construction, 7th ed. To discover a statutes original intent, courts first look to the words of the statute and apply their usual and ordinary meanings. Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. General principles in defining statutory construction whether the promotional scheme is a lottery or a gift that violates the provisions of the postal law caltex v. Finally, this note concludes that section 7061 requires strict statutory construction that requires judges to prohibit agencies from violating a mandatory statutory deadline unless the agency has an impossibility defense. Statutes and statutory construction, volume ii sutherland, jabez gridley on. Sutherland statutes and statutory construction thomson reuters. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads in more than a dozen categories. Total construction project management, second edition george j. This entry about constitutional and statutory interpretation has been published under the terms of the creative commons attribution 3.
Mcgraw hill construction books mcgrawhill professional. Books are often classified as statutory books and statistical books. Economic loss doctrine does not preclude negligence action. Statutory construction essay sample new york essays. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections. There is a statutory right of appeal to an industrial tribunal and from there to the employment appeal tribunal to challenge such notices. Whereas regulation 4a of the said general regulations provides that the annual report on statement of accounts shall be in the prescribed form 5 issued in accordance with the third. Boli stepbystep method for statutory construction places the absurdresult maxim at the third level of analysis. Driedger on the construction of statutes by professor ruth sullivan and the interpretation of legislation in. Objectives of this handbook the main purpose of the handbook is to explain in plain language. Statutory interpretation and reasoning syllabus prof. A necessary part of the gender parity change agenda. Statutory interpretation revitalises learning of statutory interpretation as a living, breathing and dynamic tool for understanding and applying the law.