[Music] hello macaddy hello world this is attorney angel and i'm your legal angel hi my fellow angels i hope that you are all staying safe and staying well so last vlog and um we had consecutive vlogs tunkusa learning and i hope i can also again um feature living and loving but uh before i go again to learning k-i-c-h-i yes very sweet dog and um 695 natalya wow yay so i'm so happy for over on the way to our uh 700 subscribers please like subscribe share and follow and thank you very much for saying in the hud in the next week it will be my birthday so um [Music] courtesy of yours truly so hopefully then um on my birthday i'll be able to give um three more care kits okay so stay tuned and maybe you can also message me if you need uh more details okay so thank you very much and uh please watch this i would like to share with you my powerpoint presentation which i shared with my statutory construction class and this uh includes the fundamentals on statutory construction including basic concepts and rules let's start this is just a brief discussion that would cover the definition of some essential terms answering the question as to the necessity and purpose of construction and what is the subject matter of construction is there any limitation to the power to construe and basic rules so let's first discuss some essential terms of course we have to discuss the definition of statutes because our subject is statutory construction so when you say statutes these are the written enactment of the legislative making body in other words these are the laws okay um enacted by the legislature of course we have the word construction but we will include it here a statutory construction okay so in the case of caltex vs palomar the supreme court cited blacks interpretation of laws and so it said that verily construction is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case where that intention is rendered doubtful amongst others by reason of the fact that the given case is not explicitly provided for in the law there are several key words to zoom into with regard to the definition of construction of course you know that it is an art or process okay and the words discovering expounding the words meaning and intention of course authors of the law and application to a given case and of course the word doubtful all right so you will appreciate this more when you already take um the subject of statutory construction and when you discuss the cases which are an application of statutory construction all right and the word interpretation or the term interpretation which um dr francis lieber author of the libra code defines as the art of finding out the true sense of any form of words that is the sense which their author intended to convey and of enabling others to derive from the same idea which the author intended to convey so there are also keywords in this long definition just like construction it is an art okay and then of course the word finding out and then the true sense of any form of words focus on the words and um of course the word author then intended to country these are some of the key words you have to consider now the words interpretation and construction are often used interchangeably if you look at them they have the same purpose or objective and that purpose or objective is to assert it and give effect the legislative intent but if you look at it um if you look at these words closely strictly speaking there is a distinction and that distinction lies with respect to the kind of um aids used either intrinsic or extrinsic aids now these are the five questions that we have to answer what is the purpose of interpretation and construction two when is there a need to construe three when it is not the society comes true when is it not necessary to construe four what is the subject matter of construction in five who has the power and duty to construe so let's answer them briefly one by one for the purpose we have mentioned that it is to ascertain and give effect the legislative intent or the framers or authors of the law as for the necessity consider these two factors there is a necessity to construe when first the language of the statute is ambiguous when taken in relation to a set of facts so sum into the word ambiguous meaning to say vagueness doubleness of meaning or doubtfulness of meaning in which it causes confusion so it leads us to number two when reasonable minds disagree as to the meaning of the language used in the statute so because of the ambiguity and the confusion the doubtfulness of meaning the doubleness of being of meaning and the vagueness created by the language of the statute reasonable minds disagree as to its meaning okay the third question as to when is it not necessary to construe it is not necessary to consume when the law speaks in clear and categorical language because it is clear and it is categorical and there is no room for any vagueness or ambiguity as to the subject matter of construction of course as a whole the subject matter are our loss okay um statutes these are um the written enactments of the legislature but also in statutory construction or construction there is also constitutional construction there are also other kinds of laws which come into the realm of statutory construction such as ordinances presidential decrees executive orders and other kinds or classifications of laws as well as to the power and duty of course we know that from the principle of separation of powers it is the judiciary or the judicial branch of government which has the power and the duty to interpret the law and as to limitation um there is a limitation in the power of the judiciary or the judicial branch of government so first there must be an actual case or controversy and there must be ambiguity in the law involved in the case or controversy before they can interpret or construe the law in a given case or in its application to a given case and of course judicial legislation is prohibited the primordial duty of the judiciary is to interpret the law as it is and only when there is ambiguity that they apply some aid such as the intrinsic and extrinsic aids but they cannot modify they cannot be right they cannot adjust the law because it will pant amount to judicial legislation and that is not allowed that is prohibited and we have now come to some of the basic rules so three tiered first of all if the language is clear and categorical apply the law but second tier if the language is ambiguous first is interpret the law by interpreting the law you use intrinsic aids and the third tier one intent cannot be a certain by the use of intrinsic aids use extrinsic aids and that is when you construe or some others they say construct okay so apply interpret and construe the law um when you say intrinsic aids these are aids found within the law itself within the language of the law so this is in interpretation when strictly speaking you say construction you use extrinsic aids and these are found outside the language of the law the example of intrinsic is the words use the punctuation marks etc extrinsic aids those that are found outside of the language of the law the deliberations like for example in the cons constitutional commission the transcript of stenographic nodes in judicial proceedings etc and um verb alleges the plain meaning rule which is according to the letter of the law and ratio alleges meaning to say the reason for the law or reason of the law which goes into the spirit of the law and another reminder is that the statutes must be construed as a whole and not merely of a particular provision likewise in constitutional construction we look at the constitution as a whole and not merely of separate provisions of the constitution okay so it is the end of our discussion i hope you learned something from this brief discussion on the statutory construction fundamentals including basic concepts and rules thank you very much for listening thank you very much for listening and for watching by the way thank you very much happy teachers they happy teachers they didn't possible teachers call to all the teachers in the world thank you very much and also for the students who sent gifts and greeted all the teachers and us champions thank you very much and um please be kind be generous be a blessing to others and always remember to glorify god with a grateful heart this is attorney angel and i'm your legal angel sarah