What is the strict construction rule?

What is the strict construction rule?

Department of Law and Governance. Meaning of Strict Construction. Means each of the words in a statute should be interpreted by letter and no regard should be had to spirit beyond the statute. It is known as: A close or narrow reading and interpretation.

What is a lenity?

lenity in American English (ˈlɛnəti ) noun. the quality or condition of being lenient; mildness; gentleness; mercifulness. Word forms: plural ˈlenities. a lenient act.

What are the principles of legality and lenity?

The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.

What is the purpose of a statute?

A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy.

What means malevolence?

1a : the act of committing harm or evil. b : a harmful or evil act. 2 : the quality or state of being maleficent.

What is the principle of legality also known as?

At its very basis, the principle of legality (nullum crimen sine lege) can be. described as “a mechanism to ensure that the state, its organs and its officials. do not consider themselves to be above the law in the exercise of their func- tions but remain subject to it”.3.

What is the meaning of the rule of lenity?

The rule of lenity is a canon of statutory construction, which means that it must be used by the court to actually interpret the statute and is thus applied to resolve a statutory ambiguity. Thompson/Center Arms Co., 504 U.S. 505, 518 n.10 (plurality opinion).

Is there an Appellate Rule of lenity in criminal law?

Given the rule’s special status, broad authority, and widespread validity, it stands to reason that lenity would feature prominently in the criminal law interpretation of appellate judges.

What is the rule of lenity in Florida?

The states of Florida and Ohio have codified the rule. The Florida statute states that the code “shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.”

Is the rule of lenity as old as common law?

5. See Antonin Scalia, A Matter of Interpretation 29 (Amy Gutmann ed., 1997) (“The rule of lenity is almost as old as the common law itself, so I suppose that is validated by sheer antiquity.” (footnote omitted)). the rule is — as the authors underline — “special.” 6 6. Gluck & Posner, supra note 1, at 1331–32 (“Lenity and Avoidance Are Special.”).