What does strict construction mean?
A close or narrow reading and interpretation of a statute or written document. Judges are often called upon to make a construction, or interpretation, of an unclear term in cases that involve a dispute over the term's legal significance.
What is strict construction in government?
Strict construction means that the Federal government has very limited powers. ... Loose construction means that the Constitution gives the Federal government broad powers to do what is necessary.
What is the rule of strict construction?
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.
What does liberally construed mean?
A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means.
What are the three main rules of statutory interpretation?
In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.
Which rule of interpretation is best?
The purposive construction rule highlights that you should shift from literal construction when it leads to absurdity. > where the provision gives a different meaning defeating the object of the statute. If the language is clear and unambiguous, no need of interpretation would arise.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.
What is the difference between construction and interpretation?
Interpretation is the activity of discerning the linguistic meaning in context (or communicative content) of a legal text. Construction is the activity of determining the legal effect (or legal content) of a legal text. ... Interpretation is just a broad word for how someone construes a statute or the constitution.
What is rule of reasonable construction?
Rule of reasonable construction:- This is 2nd rule. The court explains that we should understand the intention of law, reason behind making that law. And if the meaning is absurd then we should construct its meaning within the ambit of rules of reasonable construction.
What is the rule of construction?
The general rule for the construction of a penal statute is that it would be strictly interpreted, that is, if two possible and reasonable constructions can be put upon a penal provision, the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes a penalty.
What is construction in interpretation?
n. the act of a lawyer or court in interpreting and giving meaning to a statute or the language of a document such as a contract or will when there is some ambiguity or question about its meaning.
What is the golden rule of interpretation?
The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. ... In view of the same, the grammatical meaning of such words is usually modified.
What is beneficial construction?
Beneficial construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation should be chosen.
What is Ejusdem generis rule?
Related Content. A Latin phrase meaning "of the same kind". The rule requires that where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specifically mentioned.
What does in pari delicto mean?
A Latin phrase commonly used in tort and contract law which means “in equal fault.” This is doctrine states that there is a bar to a plaintiff's recovery of damages for a wrong the plaintiff participated in and serves as an equitable defense.
What is the meaning of pari materia?
Pari materia means when two provisions of two different statutes deal with the same subject matter and form part of the same subject matter. It is a latin word.
What is doctrine of harmonious construction?
This rule is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute. The rule follows a very simple premise that every statute has a purpose and intent as per law, and should be read as a whole.
What is the doctrine of Repugnancy?
The Doctrine of Repugnancy deals with the distribution of powers between the Central and State legislatures. This doctrine reflects the quasi-federal structure of the Constitution. It has clearly laid down the powers of the Parliament and State legislature to avoid inconsistencies and conflicts.
What is the doctrine of colourable legislation?
The doctrine of colourable legislation refers to the question of competency of the legislature while enacting a provision of law. ... Legislature of a federal state is accountable to its people and the legislation has different power which is vested upon it by the constitution.
What is the doctrine of severability?
The Doctrine of Severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
What is the principle of estoppel?
Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law.
Is a severability clause necessary?
Without a severability clause, a contract could be deemed unenforceable because of a default on just one part of the contract. ... But if the severability clause addresses the essential purpose of the agreement, then the entire agreement could be made unenforceable.
What is doctrine of pleasure?
The doctrine of Pleasure means that the Crown has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant. Thus the civil servants work at the pleasure of the Crown which can remove them at any time.
What are the restrictions on the doctrine of pleasure?
Restrictions on the doctrine of pleasure – Article 311 (1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed.
What is meant by doctrine of pith and substance?
Unfolding the meaning of the doctrine, it can be stated that Pith and Substance denotes the true nature of law. ... Pith denotes the 'essence of something' or the 'true nature', while substance states 'the most significant or essential part of something'.
What is doctrine of territorial nexus?
Doctrine of territorial nexus says that laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between the state and the object.
What is doctrine of occupied field?
In other words, Articles 246 and 254 of the Constitution of India enact the doctrine of occupied field. ... Constitutional Scheme, no field of legislation in the Concurrent List can be so occupied by Parliament as to make the same a 'no-entry' area for the State Legislature.
What is the doctrine of waiver?
Doctrine of waiver, as defined by Black's Law Dictionary, is the intentional or voluntary relinquishment of a known right. ... Waiving a right means that a person can no longer assert that right and is precluded from challenging the constitutionality of that law for the benefit of which, the right is waived.
What is doctrine of pith and substance in Indian Constitution?
Pith and Substance means the true nature of law. The real subject matter is challenged and not its incidental effect on another field. The doctrine has been applied in India also to provide a degree of flexibility in the otherwise rigid scheme of distribution of powers.
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