LRS - Principles & Canons Flashcards
Interpretation Principle
Every application of a text to particular circumstances entails interpretation.
Supremacy-of-Text Principle
The words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.
Principle of Interrelating Canons
No canon of interpretation is absolute. Each may be overcome by the strength of differing principles that point in other directions.
Presumption Against Ineffectiveness
A textually permissible interpretation that furthers rather than obstructs the document’s purpose should be favored.
Presumption of Validity
An interpretation that validates outweighs one that invalidates (ut res magis valeat quam pereat)
Ordinary-Meaning Canon
Words are to be understood in their ordinary, everyday meanings - unless the context indicates that they bear a technical sense.
Fixed-Meaning Canon
Words must be given the meaning they had when the text was adopted.
Omitted-Case Canon
A matter not covered is to be treated as not covered (casus omissus pro omisso habendus est).
General-Terms Canon
General terms are to be given their general meaning (generalia verba sunt generaliter intelligenda).
Negative-Implication Canon
The expression of one thing implies the exclusion of others (expressio unius)
Mandatory/Permissive Canon
Mandatory words impose a duty, permissive words grant discretion.
Conjunctive/Disjunctive Canon
‘And’ joins a conjunctive list, ‘or’ a disjunctive list - but what negatives, plurals, and carious specific wordings there are nuances.
Subordinating/Superordinating Canon
Subordinating language (signaled by ‘subject to’) or superordinating (signaled by ‘notwithstanding’ or ‘despite’) merely shows which provision prevails in the event of a conflict, but does not necessarily indicate where such conflict lies.
Gender/Number Canon
In the absence of a contrary indication, the masculine includes the feminine (and vice versa), and the singular the plural.
Presumption of Nonexclusive “Include”
The verb ‘to include’ introduces examples, not an exhaustive list.
Unintelligibility Canon
An unintelligible text is inoperative.
Grammar Canon
Words are to be given the meaning that proper grammar and usage would assign them.
Last-Antecedent Canon
A pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent.
Series-Qualifier Canon
When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series.
Nearest-Reasonable-Referent Canon
When the syntax involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent.
Proviso Canon
A proviso conditions the principle matter that it qualifies - almost always the matter immediately preceding.
Scope-of-Subparts Canon
Material within an indented subpart relates only to that subpart; material contained in unindented text relates to all the follow or preceding indented subparts.
Punctuation Canon
Punctuation is a permissible indicator of meaning
Whole-Text Canon
The text must be construed as a whole.
Presumption of Consistent Usage
A word of phase is presumed to bear the same meaning throughout a text; a material variation in terms suggests a variation in meaning.
Surplusage Canon
If possible, every word and every provision is to be given effect (verba cum effectu sunt accipienda). None should be ignored, none should needlessly be given an interpretation that causes it to duplicate another provision or to have no consequence.
Harmonious-Reading Canon
The provisions of a text should be interpreted in a way that renders them compatible, not contradictory.
General/Specific Canon
If there is a conflict between a general provision and a specific provision, the specific one prevails (generalia specialibus non derogant).
Irreconcilability Canon
If a text contains truly irreconcilable provisions at the same level of generality, and they have been simultaneously adopted, neither should be given effect.
Predicate-Act Canon
Authorization of an act also authorizes a necessary predicate act.
Associated-Words Canon
Associated words bear on one another’s meaning (noscitur a sociis).
Ejusdem Generis Canon
Where general words follow an enumeration of two or more things, they apply only to persons or things of the same general kind or class specifically mentioned.
Distributive-Phrasing Canon
Distributive phrasing applies each expression to its appropriate referent (reddendo singula singulis).
Prefatory-Materials Canon
A preamble, purpose clause, or recital is a permissible indicator of meaning.
Title-and-Headings Canon
Definition sections and interpretation clauses are to be carefully followed.
Interpretive-Direction Canon
Definition sections and interpretation clauses are to be carefully followed.
