Statutory Construction and Interpretation: General Principles and Recent Trends; Statutory Structure and Legislative Drafting Conventions; Drafting Federal Grants Statutes; and Tracking Current Federal Legislation and Regulations

Statutory Construction and Interpretation
Statutory Construction and Interpretation

Statutory Construction and Interpretation
General Principles and Recent Trends; Statutory Structure and Legislative Drafting Conventions; Drafting Federal Grants Statutes; and Tracking Current Federal Legislation and Regulations

Compiled by TheCapitol.Net

The exercise of judicial power often requires that courts construe statutes in applying them in particular cases. Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. However, the methodologies and approaches taken by the courts in discerning meaning can help guide legislative drafters, legislators, agencies, and private parties.

This book reviews the primary rules courts apply to discern a statute’s meaning. However, each matter of interpretation before a court presents unique challenges, and there is no unified approach used in all cases—but all approaches start with the language and structure of the statute itself.

Still, the meaning of statutory language is not always evident. To help clarify uncertainty, judges have developed various interpretive tools in the form of canons of construction.

When drafting federal law, the most important audience is the federal courts–in particular, the Supreme Court. Fortunately, it is not difficult to get inside the mind of the Court and understand how it thinks. The Court makes this process public in its published opinions; collectively, the process is known as statutory interpretation; it is also known as statutory construction.

Also included is a chapter on drafting federal grants statutes. Several rules of drafting have special relevance to statutes in the field of federal assistance (grants), and those are set forth.

Legislation can be drafted without paying attention to statutory interpretation. But rules of interpretation are like rules of the road: Drive on the right; stop on red; signal before turning; etc. If you don’t know all the rules, sooner or later you will park in front of a fire hydrant or go the wrong way down a one-way street.

2010, 318 pages
ISBN: 1587331926 ISBN 13: 978-1-58733-192-3
Softcover book: $25
For more information, see TCNSI.com
97-589, 97589, RS20991, RL33895, 90-1

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