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    Contemporary Construction

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    Maureen Li Guingab
    This document discusses the weight given to contemporaneous construction, which refers to the interpretation of laws by the government bodies tasked with implementing and enforcing them. It notes that contemporaneous construction is given significant weight by courts due to factors like the expertise of the implementing bodies, the need for predictable laws, and the presumption that the legislature is aware of and approves of such interpretations. The document provides examples of how administrative bodies' interpretations of their own rules carry the force of law. It also discusses how legislative re-enactment, appropriation of funds, or inaction despite awareness of an interpretation can constitute approval and ratification of a contemporaneous construction.

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    Contemporary Construction

    Uploaded by

    Maureen Li Guingab
    150 views8 pages
    This document discusses the weight given to contemporaneous construction, which refers to the interpretation of laws by the government bodies tasked with implementing and enforcing them. It notes that contemporaneous construction is given significant weight by courts due to factors like the expertise of the implementing bodies, the need for predictable laws, and the presumption that the legislature is aware of and approves of such interpretations. The document provides examples of how administrative bodies' interpretations of their own rules carry the force of law. It also discusses how legislative re-enactment, appropriation of funds, or inaction despite awareness of an interpretation can constitute approval and ratification of a contemporaneous construction.

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    Statcon

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    This document discusses the weight given to contemporaneous construction, which refers to the interpretation of laws by the government bodies tasked with implementing and enforcing them. It notes that contemporaneous construction is given significant weight by courts due to factors like the expertise of the implementing bodies, the need for predictable laws, and the presumption that the legislature is aware of and approves of such interpretations. The document provides examples of how administrative bodies' interpretations of their own rules carry the force of law. It also discusses how legislative re-enactment, appropriation of funds, or inaction despite awareness of an interpretation can constitute approval and ratification of a contemporaneous construction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    150 views8 pages

    Contemporary Construction

    Uploaded by

    Maureen Li Guingab
    This document discusses the weight given to contemporaneous construction, which refers to the interpretation of laws by the government bodies tasked with implementing and enforcing them. It notes that contemporaneous construction is given significant weight by courts due to factors like the expertise of the implementing bodies, the need for predictable laws, and the presumption that the legislature is aware of and approves of such interpretations. The document provides examples of how administrative bodies' interpretations of their own rules carry the force of law. It also discusses how legislative re-enactment, appropriation of funds, or inaction despite awareness of an interpretation can constitute approval and ratification of a contemporaneous construction.

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    © All Rights Reserved
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    NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW

     What is Contemporary Construction


     Kinds of Executive Construction
     Weight Accorded to Contemporaneous Construction
     Weight Accorded to Usage and Practice
     Reasons Why Contemporaneous Construction is Given Much Weight
     When Contemporaneous Construction Disregarded
     Erroneous Contemporaneous Construction does not Preclude Correction nor
    Create Right; Exeptions
     Legislative Interpretation
     Legislative Approval
     Re-enactment
     Stare Decisis
    This rule-making power, authorities sustain the principle that the interpretation
    by those charged with their enforcement is entitled to great weight by the court in the
    latter’s construction of such rules and regulations.

    Examples:

     An Administrative body has power to interpret its own rules which have the force and effect of law, and
    such an interpretation becomes part of the rule. (Foley vs. Benedict, 122 Tex 193, 55 SW [2d] 805, 86 ALR 477).

     Rules, regulations, and general orders enacted by administrative authorities pursuant to the powers
    delegated to them have the force and effect of law. (Columbia Broadcasting System vs. United States, 87, L. Ed. [Adv.
    1066]).
    1. It comes from the particular branch of government called upon to implement the
    law thus construed.

    2. Competence, expertness, experience and informed judgment and the fact that
    they frequently are drafters of the law they interpret.

    3. Need for certainty and predictability in the law.


    1. TAKE THE FORM OF AN IMPLIED ACQUIESCENCE TO, OR APPROVAL OF AN
    EXECUTIVE OR JUDICIAL CONSTRUCTION OF A STATUTE

    2. CANNOT LIMIT OR RESTRICT THE POWER GRANTED TO THE COURTS BY


    THE CONSTITUTION.
    1. THE LEGISLATURE IS PRESUMED TO HAVE FULL KNOWLEDGE OF A
    CONTEMPORANEOUS OR PRACTICAL CONSTRUCTION OF A STATUTE BY AN
    ADMINISTRATIVE OR EXECUTIVE OFFICER CHARGED WITH ITS
    ENFORCEMENT

    2. THE LEGISLATIVE MAY APPROVE OR RATIFY SUCH CONTEMPORANEOUS


    CONSTRUCTION
    3. MAY ALSO BE SHOWMEN BY THE LEGISLATURE APPROPRIATING MONEY
    FOR THE OFFICER DESIGNATED TO PERFORM A TASK PURSUANT TO
    INTERPRETATION OF A STATUTE

    4. LEGISLATIVE RATIFICATION IS EQUIVALENT TO MANDATE.

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