Skip to main content

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.

Filter by
Sorted by
Tagged with
16 votes
2 answers
3k views

On what day does a person turn "X years and 6 months" for the purpose of driver licensing in USA states?

I was looking at the legal age when a person can have a permit. In some states, it is 14 and a half, in others, it is 15 and a half, and so on. My question is: if someone is born on August 31st and ...
puzzled's user avatar
  • 341
1 vote
1 answer
77 views

Does the fact that a treaty or legal text have differing translations preclude its enforceability?

Sometimes a legal text (a statute, or a treaty, for example) has inconsistent translations in two or more languages. Does this preclude its enforceability?
Jen's user avatar
  • 59.2k
2 votes
1 answer
64 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 ...
TylerDurden's user avatar
0 votes
2 answers
100 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 ...
user avatar
3 votes
2 answers
50 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 ...
TylerDurden's user avatar
3 votes
1 answer
246 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"...
dreamforge's user avatar
4 votes
1 answer
234 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 ...
JustSomeGuy's user avatar
21 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 ...
dsollen's user avatar
  • 8,480
0 votes
1 answer
51 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 ...
Sam's user avatar
  • 670
3 votes
3 answers
271 views

Would a tautological law have any effect?

Is there any case where a law saying something like "Any person who commits theft is guilty of theft" would have any effect?
Someone's user avatar
  • 17k
-2 votes
1 answer
70 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 ...
 aarek-eng's user avatar
0 votes
2 answers
176 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&...
robertspierre's user avatar
2 votes
3 answers
308 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 "...
Zhiltsoff Igor's user avatar
3 votes
3 answers
291 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 ...
edgar's user avatar
  • 95
2 votes
1 answer
195 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 ...
phoog's user avatar
  • 37.8k
0 votes
2 answers
74 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 ...
davidgo's user avatar
  • 3,468
-3 votes
2 answers
415 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 ...
guest271314's user avatar
3 votes
1 answer
156 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: “...
Stilez's user avatar
  • 3,189
0 votes
2 answers
543 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 ...
user avatar
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 ...
user avatar
1 vote
0 answers
104 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 &...
phoog's user avatar
  • 37.8k
2 votes
2 answers
195 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, ...
Jean Luc Picard's user avatar
1 vote
1 answer
117 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/...
user4951's user avatar
  • 790
5 votes
1 answer
16k 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 ...
Mr. S's user avatar
  • 51
5 votes
1 answer
104 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 ...
user6726's user avatar
  • 215k
1 vote
1 answer
160 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 ...
Jason Pyeron's user avatar
0 votes
2 answers
219 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 ...
phoog's user avatar
  • 37.8k
1 vote
2 answers
91 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 ...
Mr. A's user avatar
  • 1,696
5 votes
1 answer
345 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 ...
Mr. A's user avatar
  • 1,696
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 ...
Mr. A's user avatar
  • 1,696