The

Construction of
Statutes
S TATUTORY CON S TRUCTI ON

The process of constructing and

interpreting the meaning and intention of
laws with respect to its application to a
given case.

VERBA LEG IS
( P LAI N ME ANI NG RUL E)

Whenever possible, the words used in the

Constitution and all other laws must be
given their ordinary meaning except when
technical terms are deployed.
 IN T HE S PE CI F IC S E NS E

The understanding of the legislators as to the

intended meaning of the statutory language.

IN T HE G EN E RAL SE N SE

The purpose that the legislature sought to

achieve by the enactment of the statute.

LEGISLATIVE
INTENTION
 T H E US E OF SU CH H A S BE E N O P PO SE D
F O R PRA CT ICAL RE AS ON S.

CO URT S HAVE FRE Q UE NT LY US E D

S U CH TO E STABL I SH L EG IS L AT IV E
I NT E NT I ON A S A G UID E TO
S TAT U TORY IN T E RPRE TAT ION .

EXTRINSIC The weight given to these aids depends on

how reliable they seem as indications of an
AIDS intention of the legislature as a whole.

The views of the members
of a single committee may,
with some justification, be
taken as those of the entire
legislature.
COMMITTEE
SYSTEM
Changes in successive
drafts of the bill or
proposed amendment may
also be considered.
The report of a committee
that has considered the bill
on the floor by a committee
member member who is in
charge may be persuasive.
Statements of individual
legislators made during
floor debate rarely show a
common understanding and
are likely to be the views
of only one person
Legislative
Examination of the law
before enactment of the

Purpose statute;

Interpretation
Ascertainment of the
"mischief" or defect for
which the law did not
• Does not require the use of legislative history. provide;

• Frequently used in the construction of statutes

where records of legislative history are Analysis of the
inadequate. legislative remedy;

• Not limited to situations where there is no

relevant legislative history
• No less effective if the purpose of the enactment
is derived from extrinsic aids.
Application of the statute so
as to "suppress" the
mischief, and advance the
remedy.
 Maxims of
Statutory Construction
expressio unius est noscitur a sociis ejusdem generis rule pari materia
exclusio alterius
The meaning of a On the same subject,
word may be Where general words statutes are to be
The expression of one determined by follow an enumeration construed consistently
thing includes reference to the words they are to be read as with each other.
another. associated with it. limited to things of the
same general kinds as
those specifically
mentioned
 Maxims
• T H E IR A U TH OR ITY IS WEA KE N E D BY
T H E IR V ERY N U MB ER , G E N ER A LI T Y,
IN CO N S IST EN CY.

• T H E IR I S A M A X IM F O R A L M O S T EV E RY
P U RP O SE A N D F O R N E A RLY EV ERY
M A X IM, A N O P P O S ITE CA N BE F OU N D

• M A X IMS CA N N O T BE D ISR EG A R D ED
A N D MAY B E PARTICU LA RLY
S I G N IF ICA N T IN TH E IN TE RP RE TATI O N
O F S TAT U TE S WH ERE TH E LA CK O F
A D EQ U ATE REC O RD S MA K E S IT M O R E
D I FF ICU LT TO S H O W TH E IN TE N TI O N .
Thank you!