3.06.2010

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The most comprehensive coverage on the construction of Statutes. It includes parts of statutes,Extrinsic-Aids,Intrinsic aids, Reading down, Amendments,Repeals,codifications,Quasi-Judicial agencies,Non-obstante clause,Mandatory/Declatory provisions,Tax ,Beneficial, Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance.



Thursday, April 29, 2010

Major Sources of Legislative intent

Courts frequently look to the following sources in attempting to determine the goals and purposes that the legislative body had in mind when it passed the law:

  • the text of the bill as proposed to the legislative body,
  • amendments to the bill that were proposed and accepted or rejected,
  • the record of hearings on the topic,
  • legislative records or journals,
  • speeches and floor debate made prior to the vote on the bill,
  • legislative subcommittee minutes, factual findings, and/or reports,
  • other relevant statutes which can be used to understand the definitions in the statute on question,
  • other relevant statutes which indicate the limits of the statute in question,
  • legislative files of the executive branch, such as the governor or president, case law prior to the statute or following it which demonstrates the problems the legislature was attempting to address with the bill, or constitutional determinations (i.e. "Would Congress still have passed certain sections of a statute 'had it known' about the constitutional invalidity of the other portions of the statute?") . United States v. Booker.[1]

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