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What are the canons of statutory interpretation?

What are the canons of statutory interpretation?

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 are the tools of statutory interpretation?

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 current Canadian approach to the interpretation of legislation?

Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.

What is rules of statutory construction?

“One of the primary and basic rules in statutory construction is that. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.” To repeat, the basic rule of construction is to apply the law when it is clear.

What is Ejusdem generis rule?

Ejusdem Generis means of the same kind or nature. This is a facet of the principle of Noscitur a Sociis. It is an ancient doctrine commonly called Lord Tenterdon’s Rule. It is also kown with the name of Genus-species Rule of the language construction.

Which is not a canon of construction in statute?

statute as written, without engaging in statutory construction.”2 This is the primary step in interpretation of any statute. It is not necessarily a canon of construction; instead it is the instruction of what to do when there is no need for interpretation. This rule has been stated a number of ways.

What was the Rehnquist Court’s canons of statutory construction?

not present I. Textual Canons Linguistic Inferences G Textual Canons Linguistic Inferences G II. Textual Canons Linguistic Inferences G III. Textual Canons Linguistic Inferences G IV. Textual Canons Linguistic Inferences G V.

Which is the most reasonable interpretation of a statute?

In conclusion, the general rule appears to be that the most reasonable interpretation of a statute is the one that will likely be adopted by the Court, as it is the likeliest intent of the legislature. These canons are in place simply to help determine what is reasonable under the circumstances.