Lecture Notes: Statutory Construction

Introduction

Statutory Construction: Process of determining what the law means for accurate application by the court.
Concerns arise due to ambiguities in laws written by lawmakers.
Importance of correct interpretation to avoid legal issues.

Three Branches of Government:
- Legislative: Senate and House initiate laws.
- Executive: President and departments implement laws.
- Judicial: Supreme Court interprets and applies laws.

Plain Language Rule
- Apply the statute as written if the language is clear and unambiguous.
- Courts avoid construction unless language leads to absurd results.
Legislative History
- Useful when laws are ambiguous due to language choice or amendments.
- Courts refer to previous laws and legislative intent for guidance.
Constitutional Presumption
- Statutes presumed constitutional; courts favor constitutional interpretations.
- Supreme Court's rules uphold constitutionality in case of tie votes.
Contextual Reading
- Statute read as a whole; aim to give effect to every word.
- Courts seek consistent, harmonious application.
Prospective Application
- Statutes apply to future events post-enactment.
- Retroactivity may be allowed for remedial statutes.
Recent vs. Earlier Statutes
- Recent statutes control over earlier ones, considered corrections.
Specific Prevails Over General
- Specific laws override general laws when in conflict.
- Applies within same law, e.g., specific chapters take precedence.
In Pari Materia Rule
- Ambiguous statutes understood in context with similar laws.
- Courts aim for harmony with related subject statutes.
Ejusdem Generis
- General terms follow specific ones, interpreted in context.
- Applied to lists with catch-all phrases, limiting scope to similar items.
Expressio Unius Est Exclusio Alterius
- Express mention excludes all others not listed.
- Overbroad interpretations risk unconstitutionality.