Courts are commonly asked to revisit or revise statutory provisions they previously encountered. Statutory Interpretation: Theories, Tools, and Trends. "Or" indicates an alternative, but sometimes has the same meaning as "and" 21.
not monthly but promptly): In the following example, notwithstanding points to the preceding sentence, which is then limited as regards the term within which errors must be reported (i.e. and legislators on statutory interpretation: 1. The rules, as D.C Pearce says in Statutory Interpretation, p. 14, are no more than rules of common sense, designed to achieve this object. Judges believe their job is to give effect to legislative intent. Statutory Interpretation 4 2. Positive interpretation favoured 28. Statutory interpretation isn’t always a clean slate. April 5, 2018 R45153. "notwithstanding" means 'without prevention' or obstruction from, or by, or "in spite of" "Notwithstanding any other provision of law" makes that statute sui generis (controlling over both statutory and decisional law). Introduction.
Statutory Interpretation, Administrative Deference, and the Law of Stare Decisis . 3. The use of extrinsic aids thus implies non-adherence to literalism. Article - by Randy J. Kozel - Issue 6. Construction of Acts and instruments as a whole ... notwithstanding the repeal. 12. Civil Case No. Those requests implicate the doctrine of stare decisis. In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law is, as Chief Justice John Marshall announced in 1803. In Keith Edward Garland Douglas v The Attorney – General (Unrep. If the judge applies the literal rule it is because it gives emphasis to the factor which in the particular case he thinks decisive. They are not rules of law. 284 of 1999) Palmer J held at page 5: 'The word "notwithstanding" in common parlance means "in spite of" or "irrespective". The rules of statutory construction are alive and well, in both the judicial and legislative branches.
Use of present tense 29. Judges would like the law to say what the purpose is. STATUTORY AIDS TO THE INTERPRETATION OF STATUTES Extrinsic aids to interpretation consist of everything not found within the statute, whereas intrinsic aids are those found within the statute being interpreted. Notwithstanding … as used in contracts is a preposition to indicate that the phrase or provision that follows limits or qualifies another provision (to which notwithstanding points)..
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