There is a general presumption that amendments are carried out for some purpose and every statute has an object. The same is state as follows.[Blogger]
"However, when current and prior versions of a statute are at issue, there is a presumption that the General Assembly, in amending a statute, intended to effect a substantive change in the law."
[Virginia-American Water Co. v. Prince William County Serv. Auth., 246 Va. 509, 517, 436 S.E.2d 618, 622-23 (1993); Dale v. City of Newport News, 243 Va. 48, 51, 412 S.E.2d 701, 702 (1992).]
"Further, we assume that the General Assembly's amendments to a statute are purposeful, rather than unnecessary.
[AAA Disposal Servs. v. Eckert, 267 Va. 442, 446, 593 S.E.2d 260, 263 (2004); Virginia-American Water Co., 246 Va. at 517, 436 S.E.2d at 623; Cape Henry Towers, Inc. v. National Gypsum Co., 229 Va. 596, 600, 331 S.E.2d 476, 479 (1985)."
West Lewinsville Heights Citizens Association et. al v. Board of Supervisors of Fairfax County, 270 Va. 259, 618 S.E.2d. 311 (2005).
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.
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2010
(393)
-
▼
June
(119)
-
▼
Jun 05
(19)
- Rules of Interpretation-Index
- Mischief Rule-II
- Mischief Rule: Basics
- Presumption about Legislature and awareness
- Presumption about Deference and Extent
- Presumption that Statutory Constriction is the dom...
- Presumption of Deference and weight To Agency Inte...
- Presumption in Case of Not-withstanding Clause
- Presumption that Legislator expresses itself throu...
- Presumptions against Substantial Changes In Law: A...
- Presumption against Implied repeal
- Presumption That Latter Enactment over-rides The e...
- Presumption about Special Statute and General Stat...
- Presumption that Amending Acts have some purpose
- Presumption that Legislature Knows the State of ex...
- Plain, Obvious and Rational Meaning
- Presumption of Correctness
- Literal Approach and Development of Other Approaches
- Basics Of Statutory Interpretation- Complete Article
-
▼
Jun 05
(19)
-
▼
June
(119)
No comments:
Post a Comment