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    What Is Stat Con

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    Rex
    Statutory construction is the process by which courts interpret and apply legislation to determine the intention of the legislature in enacting the statute and how it applies to a given case. When a statute is ambiguous or contains vague terms, judicial interpretation is required to resolve the ambiguity and determine the statute's meaning. The situs of construction and interpretation of written laws lies with the judicial department, as courts have the power to construe and interpret statutes. The interpretation placed on a statute by a competent court becomes binding as if it were part of the law itself.

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    What Is Stat Con

    Uploaded by

    Rex
    650 views2 pages
    Statutory construction is the process by which courts interpret and apply legislation to determine the intention of the legislature in enacting the statute and how it applies to a given case. When a statute is ambiguous or contains vague terms, judicial interpretation is required to resolve the ambiguity and determine the statute's meaning. The situs of construction and interpretation of written laws lies with the judicial department, as courts have the power to construe and interpret statutes. The interpretation placed on a statute by a competent court becomes binding as if it were part of the law itself.

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    Statutory construction is the process by which courts interpret and apply legislation to determine the intention of the legislature in enacting the statute and how it applies to a given case. When a statute is ambiguous or contains vague terms, judicial interpretation is required to resolve the ambiguity and determine the statute's meaning. The situs of construction and interpretation of written laws lies with the judicial department, as courts have the power to construe and interpret statutes. The interpretation placed on a statute by a competent court becomes binding as if it were part of the law itself.

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    650 views2 pages

    What Is Stat Con

    Uploaded by

    Rex
    Statutory construction is the process by which courts interpret and apply legislation to determine the intention of the legislature in enacting the statute and how it applies to a given case. When a statute is ambiguous or contains vague terms, judicial interpretation is required to resolve the ambiguity and determine the statute's meaning. The situs of construction and interpretation of written laws lies with the judicial department, as courts have the power to construe and interpret statutes. The interpretation placed on a statute by a competent court becomes binding as if it were part of the law itself.

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    Statutory Construction is defined as 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, among others, by reason of the fact that the given case is not explicitly provided for in
    the law.

    It as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of
    facts.

    A judicial function is required when a statute is invoked and different interpretations are in contention.

    When considering a statute, a court will apply rules of construction only when the language contained in the
    statute is ambiguous. Under the “plain-meaning” rule, if the intention of the legislature is “so apparent from
    the face of the statute that there can be no question as to its meaning, there is no need for the court to
    apply canons of construction.” Thus, before even considering what canons to apply, the court must first
    determine whether the statute in question is ambiguous. Courts have generally held that a statute is
    ambiguous when reasonably well-informed persons could understand the language in either of two or more
    senses.

    Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of
    interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a
    plain and straightforward meaning. But in many cases, there is some ambiguity or vagueness in the words
    of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools
    and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative
    history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to
    legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.

    A statute is a formal written enactment of a legislative authority that governs the legal entities of
    a city, state, or country by way of consent.[1] Typically, statutes command or prohibit something, or
    declare policy.[1] Statutes are rules made by legislative bodies; they are distinguished from case
    law or precedent, which is decided by courts, and regulations issued by government agencies.

    Situs of Construction and Interpretation.


    In our system of government:

     Legislative power is vested in the Congress of the Philippines – the Senate and the House of
    the Representatives;
     Executive power is vested in the President of the Republic of the Philippines (Art. VII,
    Sec.1, 1987 Phil. Constitution); and
     Judicial power is vested in one Supreme Court and in such lower courts as may be
    established by law.  (Art. VIII, Sec. 1, 1987  Phil. Constitution)
    Legislature – makes the law;

    Executive —  executes the law; and

    Judiciary – interprets the law.

    Simply stated, the situs of construction and interpretation of written laws is in the judicial department.
    It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally
    demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion
    amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

    The Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts
    and such lower courts have the power to construe and interpret written laws.

    “legis interpretatio legis vim obtinet”


    — the interpretation placed upon the written law by a competent court has the force of law.

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