Define: Whole-Statute Rule

Whole-Statute Rule
Whole-Statute Rule
Quick Summary of Whole-Statute Rule

The whole-statute rule is a method of interpreting laws. It entails examining the entire law and interpreting the words used in their ordinary sense, unless there is a compelling reason to do otherwise.

Full Definition Of Whole-Statute Rule

The whole-statute rule is a principle used in statutory construction, which requires that the entire statute be considered and the words used within it be given their ordinary meanings unless there is a clear indication to the contrary. For example, if a statute states “No person shall operate a motor vehicle on a public road without a valid driver’s licence,” the whole-statute rule would require consideration of the definitions of “motor vehicle,” “public road,” and “valid driver’s licence,” and giving their ordinary meanings unless indicated otherwise. Similarly, if a statute says “No person shall sell alcohol to a minor,” the whole-statute rule would require consideration of the definition of “minor” and giving it its ordinary meaning unless indicated otherwise. These examples demonstrate how the whole-statute rule is applied in practice to ensure that the intent of the legislature is properly interpreted and applied by courts.

Whole-Statute Rule FAQ'S

The Whole-Statute Rule is a legal principle that requires courts to interpret a statute as a whole, rather than focusing on individual words or phrases in isolation.

The Whole-Statute Rule is important because it helps ensure that statutes are interpreted in a way that reflects the overall intent of the legislature, rather than allowing for selective or narrow interpretations.

The Whole-Statute Rule requires courts to consider the entire text of a statute, as well as its purpose and legislative history, when interpreting its meaning.

There may be some limited exceptions to the Whole-Statute Rule, such as when a particular provision of a statute is ambiguous and requires a more focused analysis.

If a court fails to apply the Whole-Statute Rule, it may result in an incorrect or incomplete interpretation of the statute, leading to potential legal disputes and confusion.

The Whole-Statute Rule applies to all types of statutes, including regulatory statutes, and requires courts to consider the entire regulatory framework when interpreting a particular provision.

Yes, the Whole-Statute Rule can be used to resolve conflicts within a statute by requiring courts to reconcile conflicting provisions in a way that gives effect to the overall legislative intent.

Yes, the Whole-Statute Rule applies to both federal and state statutes, as it is a fundamental principle of statutory interpretation.

The Whole-Statute Rule complements the plain meaning rule by requiring courts to consider the entire text and context of a statute, rather than relying solely on the literal meaning of individual words.

The Whole-Statute Rule can be used to challenge the constitutionality of a statute by requiring courts to consider the statute as a whole and assess its overall impact on constitutional rights and principles.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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