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Statutory construction / Noli C. Diaz

By: Material type: TextTextPublication details: Quezon City : Central Book Supply, Inc., c2022Edition: Sixth EditionDescription: xxxi, 515 pages ; 24 cmISBN:
  • 9786210218466
Subject(s): LOC classification:
  • KPM 451 .D53 2022
Contents:
Chapter I : Preliminary Considerations -- Chapter II : Statutes -- Chapter III : Basic Guidelines in the Construction and Interpretation of Laws -- Chapter IV : Construction and Interpretation of words and phrases -- Chapter V : Presumption in aid of construction and interpretation -- Chapter VI : Intrinsinc Aids in Construction and Interpereation -- Chapter VII : Extrasinc aids in Construction and Interpretation -- Chapter VIII : Strict and Liberal Construction and Interpretation of Status -- Chapter IX : Prospective and Retrospective Statutes -- Chapter X : Conflicting Statutes -- Chapter XI : Construction and Interpretation of the Constituion -- Chapter XII : Recent Cases on Statutory Construction.
Summary: Statutory Construction – the art or process of discovering and expounding the meaning and intention of theauthors 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.Justice Martin defines statutory construction as the art of seeking the intention of the legislature in enactinga 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.Difference between judicial legislation and statutory construction:Where legislature attempts to do several things one which is invalid, it may be discarded if the remainder ofthe act is workable and in no way depends upon the invalid portion, but if that portion is an integral part ofthe act, and its excision changes the manifest intent of the act by broadening its scope to include subjectmatter or territory which was not included therein as enacted, such excision is “judicial legislation” and not“statutory construction”
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Item type Current library Collection Call number Materials specified Status Date due Barcode
Books Books NU Clark Filipiniana Non-fiction FIL KPM 451 .D53 2022 (Browse shelf(Opens below)) Available NUCLA000003092

Chapter I : Preliminary Considerations -- Chapter II : Statutes -- Chapter III : Basic Guidelines in the Construction and Interpretation of Laws -- Chapter IV : Construction and Interpretation of words and phrases -- Chapter V : Presumption in aid of construction and interpretation -- Chapter VI : Intrinsinc Aids in Construction and Interpereation -- Chapter VII : Extrasinc aids in Construction and Interpretation -- Chapter VIII : Strict and Liberal Construction and Interpretation of Status -- Chapter IX : Prospective and Retrospective Statutes -- Chapter X : Conflicting Statutes -- Chapter XI : Construction and Interpretation of the Constituion -- Chapter XII : Recent Cases on Statutory Construction.

Statutory Construction – the art or process of discovering and expounding the meaning and intention of theauthors 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.Justice Martin defines statutory construction as the art of seeking the intention of the legislature in enactinga 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.Difference between judicial legislation and statutory construction:Where legislature attempts to do several things one which is invalid, it may be discarded if the remainder ofthe act is workable and in no way depends upon the invalid portion, but if that portion is an integral part ofthe act, and its excision changes the manifest intent of the act by broadening its scope to include subjectmatter or territory which was not included therein as enacted, such excision is “judicial legislation” and not“statutory construction”

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