Questions tagged [statutory-construction]
The process of interpreting/deducing the meaning of a statute. "Construction" comes from "construe" which means "interpret." Also known as statutory interpretation.
27
questions
2
votes
1
answer
44
views
What is the difference between “by” and “under” an act?
E.g. s149(1)(a), Equality Act 2010 says:
A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any ...
- 9,277
0
votes
2
answers
88
views
The Prevention of Corruption Act in India
The section 7A of the Prevention of Corruption Act in India states:
Taking undue advantage to influence public servant by corrupt or
illegal means or by exercise of personal influence.
Whoever ...
user49663
3
votes
2
answers
49
views
Does a reference to a "person" encompass companies in UK primary or delegated legislation?
Does the term "person" have a specific legal definition, other than such as may be found in a normal English dictionary? If so, what is it, and can it include a company?
Especially in the ...
- 9,277
3
votes
1
answer
179
views
Valid definition of "vagrant" per Washington state law
RCW 9.66.010 suggests that in "every place... [w]here vagrants resort... [e]very act unlawfully done and every omission to perform a duty, which act or omission [s]hall offend public decency"...
- 310
2
votes
1
answer
152
views
What happens when there is a typo in a law? Specifically when it is not clear what the law refers to due to the typo
In Austria we have a law that forbids having 'dangerous animals' as pets. To be more clear the law then gives us a list of what is considered a 'dangerous animal' using latin names.
In this list we ...
- 21
20
votes
6
answers
11k
views
Can a trans man get an abortion in Texas where a woman can't?
Texas has an anti-abortion law, Health and Safety Code 245 which states:
the act of using or prescribing an instrument, a drug, a medicine, or
any other substance, device, or means with the intent to ...
- 8,206
0
votes
1
answer
49
views
Definition of the term "reasonable" in Colorado House Bill 21-1310, or how it will be decided if not defined
Colorado house bill 21-1310 was signed on 2021-07-01 and became law. It limits the rights of HOAs to regulate flags and signs. Specifically it says:
THE ASSOCIATION MAY ESTABLISH REASONABLE , CONTENT ...
- 660
-2
votes
1
answer
67
views
LawTech: How to systematically express Positivist-Law frameworks as control flow algorithm systems and automate statutary-construction analysis? [closed]
I'm a brick-and-mortar engineer with very cursory coding experience (pseudo-code algorithms, formal logic gates in printed circuits, and Matlab/Simulink), studying to be a Civil Servant in a Romance ...
- 15
0
votes
2
answers
166
views
Can Congress provide a binding interpretation of the USA Constitution by statute?
The Eight Amendment of the USA Constitution forbids the imposition of "cruel and unusual punishment".
Can Congress enact a statute which says "The death penalty is cruel and unusual&...
- 1,596
2
votes
3
answers
294
views
Is the United States federal income tax an indirect tax under the 5th amendment?
I'm no American citizen, so I don't know that much about all the ins and outs of the Constitution. I've been watching a movie where one of the characters called the federal income tax "...
- 101
3
votes
3
answers
290
views
What is the exact meaning of this Article about loss of liability limitation?
The Article below comes from a Convention. I am confused about the exact meaning of its last part:
A person liable shall not be entitled to limit his liability if it is proved that the loss resulted ...
- 95
2
votes
1
answer
163
views
What does "in particular" mean in EU legislation?
The context of this question is the Schengen Borders Code, but the question itself is about the underlying principle of interpretation, so reference to interpretations of other texts in judicial ...
- 35.1k
0
votes
2
answers
67
views
Resolving question of conflict of Laws
In a dispute with a government department it appears there are 2 laws which conflict. The defendant is accused of wrongdoing under the law in question.
Is this kind of matter something that can be ...
- 3,470
-3
votes
2
answers
411
views
What is the precise number of black racial groups of Africa? [closed]
Revisions to the Standards for the Classification of Federal Data on
Race and Ethnicity; Notices Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 /
Notices, Page 58789 at
...
3
votes
1
answer
140
views
Party Wall Act - unclear interpretation of party fence wall definition?
I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally.
Problem #1: s.20 seems to provide an impossible or meaningless definition
s.20: “...
- 3,179
0
votes
2
answers
538
views
How can Loose Constructionism befit narrower interpretations and judicial self-restraint?
Source: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top.
p. 191
[2.] "Strict construction" can mean interpreting statutes (and other documents to which
legal significance ...
user89
0
votes
2
answers
2k
views
'Strict construction' vs. 'plain meaning' vs. 'textualism' vs 'originalism' vs 'original intent' [closed]
Wikipedia propounds 1. 'original intent'. The other 3 terms are from: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top.
p. 191
My last example of traditional legal reasoning ...
user89
1
vote
0
answers
101
views
Can "evidence of registration" be a "certificate of registration"?
8 CFR 264.1 states that
a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration
Does that mean that such a stamp also constitutes &...
- 35.1k
2
votes
2
answers
189
views
What would this VA bill have done?
Virginia's 2012 HB 1 sought to define personhood as beginning at conception:
§ 1. The life of each human being begins at conception.
§ 2. Unborn children have protectable interests in life, ...
- 476
1
vote
1
answer
113
views
What the prosecutor need to proof to proof blasphemy case in Ahok case
Indonesian Christian governor are jailed for blasphemy
https://www.nytimes.com/2017/05/09/world/asia/indonesia-governor-ahok-basuki-tjahaja-purnama-blasphemy-islam.html
https://translate.google.com/...
- 780
5
votes
1
answer
14k
views
Meaning of the word "person" and "individual" under U.S. law
How does the U.S. define the word "person" in the statutory sense? I know the Dictionary Act defines it as an "individual" or a corporation, corporate body, but that leaves open the question, what is ...
- 51
4
votes
1
answer
97
views
What does "cause" mean in this law?
A bill was introduced in the Iowa legislature which gives an instruction to the Board of Regents (which governs seven specific institutions). Relevant background information is that people registered ...
- 210k
1
vote
1
answer
159
views
Exceptions to Article VI's Supremacy Clause for private party contracts
We have an old (2005) contract template. It contains a sentence in a section referring to governing federal laws,
Such [federal] laws and regulations shall take precedence over the substantive laws ...
- 113
0
votes
2
answers
212
views
Meaning of "any"
If a law says that every member of a certain class of people must keep "any" of a list of documents that might be issued to them, does that mean that such people must keep all of those documents, if ...
- 35.1k
1
vote
2
answers
88
views
When do terms end when the statute specifies only that the official "shall" be chosen or elected each year/biennially etc?
I've got two officials I'm using as examples in particular. One is the Attorney General of the State of Maine. According to the Maine Constitution:
The Attorney General shall be chosen biennially ...
- 1,688
5
votes
1
answer
321
views
What happens when two conflicting laws both say "notwithstanding any other provision of law..."?
What happens when two conflicting laws both say "notwithstanding any other provision of law..."?
Notwithstanding any other provision of law, you shall pay me all of your money.
Notwithstanding any ...
- 1,688
1
vote
1
answer
2k
views
Authority vs Authorization, are they the same?
This may be more of a grammatical/english question, but is there likely to be any dispute that there is a difference between the two words?
Compare:
Eg.1 Words giving authority to a group authorize ...
- 1,688