Statutory Construction
Definition of Statutory Construction
Note: See a more comprehensive approach to the Statutory Construction legal concept in the American Law Encyclopedia
Interpretation of legislative enactments by the courts. Statutory construction is one of the primary interpretative functions of the Judiciary (Judicial Function). A statute is seldom enacted that anticipates every possible application. Thus it is necessary for courts to determine how a statute applies. Courts engaged in statutory construction may refer to records of various stages in the legislative process, such as committee hearings or floor debates, as a means of determining legislative intent. If such intent can be identified, it will govern the application of the law. If the legislative objectives are less than obvious, it becomes the province of the courts to fashion an interpretation that will cover the application. Statutory construction is different from judicial review in that it does not usually extend to nullification of an enactment as unconstitutional. Rather, statutory construction focuses upon determining which of two or more contending interpretations of a statute is to prevail. In such cases, the constitutionality of the statutory provision is not often in doubt.
See Also
Judicial Function (Judicial Function) Judicial Review (Judicial Function) Statute (Judicial Function).
Resources
Statutory Construction Related Resources
- Statutory Construction in the United States Legal Encyclopedia
- Judicial Function Keywords in the United States Legal Encyclopedia
- Judicial Function Keywords in the International Legal Dictionary
Notes
- “Statutory Construction”, The American Law Dictionary, 1991, California
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