1. Clarity and specificity: Statutes should be clear and specific in their language to avoid confusion and ambiguity.
2. Consistency: Statutes should be consistent with other laws and legal principles to ensure uniformity and predictability in the legal system.
3. Fairness and justice: Statutes should promote fairness and justice by protecting the rights and interests of all individuals and groups within society.
4. Public interest: Statutes should serve the public interest by addressing important social, economic, and political issues.
5. Enforceability: Statutes should be enforceable through the legal system to ensure compliance and accountability.
6. Constitutional compliance: Statutes should be consistent with the constitution and other fundamental legal principles to ensure their validity and legitimacy.
7. Clarity of purpose: Statutes should have a clear and specific purpose or objective that is easily understood by the public and legal professionals.
8. Flexibility: Statutes should be flexible enough to accommodate changing circumstances and evolving societal norms.
9. Accessibility: Statutes should be accessible to the public through publication and dissemination to ensure transparency and accountability in the legal system.
10. Accountability: Statutes should hold individuals and entities accountable for their actions and provide mechanisms for redress and enforcement.
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Google Gemini AI
Apr 21
Principles of Statutes
1. Interpretation in Favor of Validity - Presume that statutes are constitutional and strive to interpret them in a manner that upholds their validity.
2. Literal Rule - Interpret statutes according to their plain and ordinary meaning, unless such an interpretation leads to an absurd or clearly unintended result.
3. Legislative Intent - Determine the purpose and intent of the legislature when enacting the statute, considering its context, history, and related laws.
4. Whole Statute Rule - Interpret the statute as a whole, giving meaning to all its provisions and avoiding isolated or fragmentary readings.
5. Golden Rule - Resolve ambiguities in a statute to avoid unreasonable or unjust outcomes.
6. In Pari Materia Rule - Interpret statutes that relate to the same subject matter together, giving them a consistent interpretation.
7. Expressio Unius Est Exclusio Alterius - If a statute lists specific items or exceptions, it implies that other items or exceptions are excluded.
8. Ejusdem Generis - When a statute lists a series of specific terms followed by a general term, the general term is limited to items of the same kind as the specific terms.
9. Retroactivity - Apply statutes retroactively only if the statute expressly states such intent or if the retroactive application would not adversely affect vested rights or impose undue burdens.
10. Severability - If a portion of a statute is invalidated, the remaining portions will remain effective unless the invalid portion is essential to the overall purpose of the statute.
11. Judicial Deference - Courts generally defer to the legislature's judgment in enacting statutes, unless the statute is clearly unconstitutional or irrational.
12. Common Law Presumption - Statutes are presumed not to alter the common law unless they expressly or necessarily do so.
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