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Legal Hermeneutics The branch of science which establishes the rules and principles of interpretation and construct of written laws
Exegesis The application of the rules and principles of interpretation and construct of written laws
Interpretation The art or process of discovering and expounding the intended signification of the language used in the law, that is, the meaning that the author designed to convey it to others
Construction The art or process of discovering and expounding the meaning and intention of the author of a law with respect to its application to a given case where the intention is rendered doubtful either by reason of apparently conflicting provisions or directions, or by the reason of the fact that the given case is not explicitly provided for in the law. Construction Goes beyond and may call in the aid of extrinsic considerations Is the drawing of conclusions respecting subjects that lie beyond the direct expressions of the text, from elements known and given in the text, conclusions which are in the spirit, though not within the letter of the text - Is resorted to when comparing two different enactments of the same legislative body - There is found contradiction where there was evidently no intention of such contradiction one of another, or where it happens that part of a writing or declaration contradicts the rest
Interpretation Limited to exploring the written text Is the art of finding out the true sense of any form of words, that is the which the author intended to convey and of enabling others to derived from the same idea which is the author intended to convey Only takes place if the text conveys some meaning or other
Power to construe is essentially judicial It is the duty of the courts to construe statutes for the purpose of determining whether or not the particular act or omission falls within their intended scope or prohibition
The duty may not, under the guise of interpretation, be expanded to include the power to modify, amend, remodel, or write a statute (Judicial legislation) Exercised only on real and actual controversies Neither construe provisions of a statue other than those involved in the case before it
Purpose of Construction To ascertain the intention of the legislature so that the same may be enforced
Legislative intent What the legislature meant by the use of the language obtained in the statute, the spirit of which gives rise to legislative enactment
Legislative purpose Reason why the law was passed for enacted by the legislature
When a statue is open to construction When the language is ambiguous and when it admits two or more constructions, doubtful or obscure meaning that a reasonable mind might be uncertain or disagree to its meaning (Ambiguous)
Construction of statute when part is void While the other part is valid, is separable, may stand and be enforced.