They are not rules of law. and legislators on statutory interpretation: 1. "Or" indicates an alternative, but sometimes has the same meaning as "and" 21.
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)..
Positive interpretation favoured 28.
Article - by Randy J. Kozel - Issue 6.
If the judge applies the literal rule it is because it gives emphasis to the factor which in the particular case he thinks decisive. 3. "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). Courts are commonly asked to revisit or revise statutory provisions they previously encountered. Construction of Acts and instruments as a whole ... notwithstanding the repeal. Statutory interpretation isn’t always a clean slate. not monthly but promptly):
Statutory Interpretation: Theories, Tools, and Trends. 284 of 1999) Palmer J held at page 5: 'The word "notwithstanding" in common parlance means "in spite of" or "irrespective". April 5, 2018 R45153. Judges believe their job is to give effect to legislative intent. If in applying the literal rule of statutory interpretation the mischief is not properly addressed, the ... [3.8.10] Notwithstanding .
Statutory Interpretation, Administrative Deference, and the Law of Stare Decisis . 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. Judges would like the law to say what the purpose is. 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. The rules of statutory construction are alive and well, in both the judicial and legislative branches.
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. In Keith Edward Garland Douglas v The Attorney – General (Unrep.
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.
Use of present tense 29. Those requests implicate the doctrine of stare decisis. Statutory Interpretation 4 2.
Civil Case No.
The use of extrinsic aids thus implies non-adherence to literalism.
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