Statutory Construction

Refers to techniques and guidelines followed by courts when they give effect to a statutory command. The guidelines include such obvious rules as: when two statutes conflict, the later in time controls. But more difficult and subtle problems arise when legislators use vague or ambiguous language (e.g., Sherman Antitrust Act of 1890: “contract, combination … or conspiracy, in restraint of trade”). In such instances, courts seek to discern legislative intent, which is often a frustrating task.

— William M. Wiecek

The process by which one determines the meaning of statutes by drawing conclusions with respect to subjects that lie beyond the direct expression of the text from elements known from, and given in the text. Construction may be reached by reasoning from extraneous connected circumstances, laws, writings, or legislative history bearing on the same or connected matter by seeking and applying the probable aim and purpose of the statute. 433 N.Y.S. 2d 345, 350. The courts have developed principles of statutory construction such as ejusdem generis and expressio unius est exclusio alterius. See also liberal construction; severable statute[severability clause]; strict construction. See generally Singer, Sutherland Statutory Construction (5th ed. 1994).