The subject of statutory construction and the proper use of legislative history for both state and federal purposes is covered in the preeminent american law treatise in this area, sutherland on statutory construction hereafter sutherland. Criminal law strict construction of penal statutes defendant was convicted of public intimidation of an officer for a battery committed while he was an inmate at the state penitentiary. Dec 15, 2009 statutes and statutory construction by norman j. Canons of statutory construction united states federal law free. Singer, 2007, thomsonwest edition, in english 7th ed. Eversheds sutherland has problemsolved and resolved disputes for construction industry clients for more than 40 years. It is merely a guide to the most plausible construction of legislative intent when other indications of. It is a courts duty to give effect, if possible, to every clause and word of a statute. Although the process of statutory interpretation has received considerable atten. To resolve ambiguities, courts may employ a variety of extrinsic construction aids, including legislative history, and will. Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure, volume 2 volume 2 of statutes and statutory construction, jabez gridley sutherland. If after looking at the language of the statute the meaning of the statute remains. Recognized as a core text on statutory construction by the american bar association and others, sutherland statutes and statutory construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported by these principles, and by analysis of the legislative process itself. Rules of construction of statutes may be invoked only where the language is ambiguous.
Statutes and statutory construction sutherland statutory construction. Divining legislative intent and finding statutory meaning gmsr. Jabez gridley sutherland statutes and statutory construction jabez gridley sutherland statutes and statutory construction including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure, together with an exposition at length of the. The repeal of a statute shall not affect any action brought before the repeal, for any forfeitures incurred, or for the recovery of any rights accruing under such statute. Sutherland statutes and statutory construction ebook, 2007. Statutes and statutory construction sutherland statutory construction, 7th ed. Click download or read online button to get sutherland statutory construction book now. The supreme courts statutory construction has become. The clear, plain, obvious, or natural import of the language should be used, and the statutes should not be applied to situations or parties not fairly or clearly within its provisions. While other property is valued as of january 1, assessors value new construction as of. Singer, sutherland on statutory construction, 6th ed.
The basis of the conviction was the fact that he had struck a prison guard who seized his arm when he ignored a re19. Introduction statutory interpretation treatises guides at. The rules of statutory construction are alive and well, in both the judicial and legislative branches. The leading national treatise in the area of statutory construction is singer, sutherland statutes and. Sutherland statutory construction download ebook pdf, epub. Listing new construction is contrary to the plain statutory language and this courts decisions. Statutory construction stated that about onethird of the states have enacted general interpretative. A violation of or disregard for the rules of statutory construction, usually by abusing the word. See, generally, sutherland on statutory construction, chapter 48 hereafter sutherland. League of california cities statutory construction. She works primarily in the areas of elections, ethics, and constitutional issues as part of the state and local government division of lscs research staff.
These extrinsic aids may these extrinsic aids may show the circumstances under which the statute was passed, the mischief at which it was aimed and the object it. Principles of statutory interpretation emily wendel legislative service commission emily wendel has served as an attorney with the legislative service commission since 2011. The pdf version displays the bill in the same way as the printed. Buy sutherland statutes and statutory construction at legal solutions from thomson reuters. Topics include legislative power, legislative organization and. Statutory interpretation is the process by which courts interpret and apply legislation. For more information, please visit our community involvement page. To discover a statutes original intent, courts first look to the words of the statute and apply their usual and ordinary meanings. Deane included the facts indicated an absence of physical, circumstantial or causal proximity.
These rules each take different approaches to interpretation of a statute. Download council of the shire of sutherland v heyman 1985 hca 41 as pdf save this. Oct 09, 2008 statutes and statutory construction, volume ii sutherland, jabez gridley on. Topics covered in this multivolume treatise include, legislative power, legislative organization and procedure, and statutory interpretation. Tax laws are clearly in derogation of personal rights and property interests and are, therefore, subject to strict construction, and any ambiguity must be resolved against imposition of the tax. Issued by the labor and industrial relations commission final. Criminal law strict construction of penal statutes. Blatt a history of statutory interpretation has yet to be written, either for the civil or the common law.
Apr 06, 2018 sutherland statutes and statutory construction by norman j. The problem of statutory interpretation is one which is in creasingly. Sutherland statutes and statutory construction first published over 100 years ago, this is the definitive treatise when it comes to statutory interpretation. Click download or read online button to get statutory construction book now. Eversheds sutherland understands the complex needs of construction industry clients, and we have successfully resolved hundreds of construction cases throughout all fifty of the united states, canada, mexico and overseas. Statutory interpretation lillian goldman law library. The rule that the government normally is to be excluded from coverage of statutes imposing burdens is, in fact, subject to numerous exceptions. There is a lot of criticism that the plain meaning approach can be resultoriented. And if you look at the long list of rules of statutory construction, its pretty easy to conclude that the court can find a.
Sutherland statutes and statutory construction thomson reuters. As stated in 2a sutherland, statutory construction, 47. The use of contemporaneous circumstances and legislative. The use of extrinsic aids to statutory construction in oregon. Rules of presumption and statutory interpretationinstructions 1. The subject of statutory construction and the proper use of legislative history for both state and federal purposes is covered in the preeminent american law treatise in this area, sutherland on. Office of the attorney general state of south carolina to.
Sutherland on statutory construction, courts have traditionally examined statutory language in terms of the context from which it originated and the events which give it form and substance. The multivolume sutherland statutory construction is the authoritative text on the rules of statutory construction. However, the rule of construction upon which the dissent relies is only applicable when the related statute is a prior enactment. A court may or may not find ambiguity depending on the result it desires. Singer first published over 100 years ago, this is the definitive treatise when it comes to statutory interpretation. Consideration of any relevant information concerning the legal history of a statute is an excellent guide for determining what object the act and its amendments are suppose to achieve. Statutory construction download ebook pdf, epub, tuebl, mobi. Thus, it has been said that the word includes is usually a term of. Council of the shire of sutherland v heyman 1985 hca 41.
This site is like a library, use search box in the widget to get ebook that you want. Purposive approach to the interpretation of sales tax. The act applies to construction contracts performed within the jurisdiction. Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. A term whose statutory definition declares what it includes is more susceptible to extension ofmeaning by construction than where the definition declares what a term means. Statutory interpretation federation of american scientists. Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure, jabez gridley sutherland. In the absence of a legisla tive intent to the contrary, commercial terms when used in a statute re lating to trade or commerce are presumed to have been used in their.
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