Policy Analysis ppt 2 Flashcards
“The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application…”
STATUTORY
CONSTRUCTION?
doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument.”
AMBIGUITY
Elements found in the text of the
law itself
1.Title of the Statute
2.Preamble
3.Words, Phrases, Sentences,
Punctuation Marks
4.Section Headings/Definitions
INTRINSIC AIDS
Facts or matters not found in
the text
1. Legislative History
2. Customs and Traditions
3. Executive Construction
4. Judicial Construction
EXTRINSIC AIDS
Based on logic or established
provision of law
- justified by the rules of logic, human experience, good sense and by specific provision of law.
PRESUMPTIONS
It is a disjunctive term which indicates an alternative. Hence, when used, the various members of the sentence are to be taken separately.”
OR
is a conjunctive term, and if it is used in a sentence, it means that the members of a sentence are to be taken jointly.”
AND
means that effect shall be given to both conjunctive & disjunctive interpretation depending on which one will serve the legislative intent.”
AND/OR
It is imperative. When used in a statute, it operates to impose a duty, which may be enforced.”
SHALL
Lex Prospicit, Non Respicit
“The law looks forward, not
backward”
EXPRESIO UNIUS EST EXCLUSIO
ALTERIUS
“the expression of one thing is the
exclusion of the other”
IGNORANTIA LEGIS NEMINEM
EXCUSAT
“Ignorance of the law excuses no one”
UBI LEX NON DISTINGUIT NEC NOS DISTINGUERE DEBEMOS
“Where the law does not distinguish, we
should not distinguish”
*Where a particular word or phrase in a
statute is ambiguous in itself or is
equally susceptible of various
meanings, its true meaning may be
made clear and specific by
considering the company in which it
is found or with which it is
associated
NOSCITUR A SOCIIS
