English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

What are the rules of staturory intepretations?
Please provide the disadvantages and advantages.

2007-03-17 16:05:02 · 1 answers · asked by upen p 1 in Politics & Government Law & Ethics

1 answers

Generally, statutes must be interpreted by looking at the whole statutory section, not just a single line or paragraph.
That has no disadvantages -- it's just common sense.

They must also generally be evaluated in a way that does not conflict with other statutes. In other words, if one interpretation creates a conflict, and another does not, use the latter.
The advantage is that it prevents having to choose. The disadvantage is that it may not be what was actually intended.

Statutes should also be interpreted in ways that do not violate the constitution, or any superior laws (state-federal, city-state, etc). The advantage of that is that it keeps the new/lower statute in effect, rather than declaring it invalid. The disadvantage is that it may not be what was actually intended.

Finally, criminal statutes should be interpreted to impose some mental state requirement (knowledge or recklessnes at a minimum), rather than being strict liability. And an ambiguities must be resolved in favor of the defendant.

Beyond that, it varies based on the context and the jurisdiction.

2007-03-17 16:12:03 · answer #1 · answered by coragryph 7 · 1 0

fedest.com, questions and answers