by Gregory Williams, Esq. any of these “canons” may give way if context points toward a contrary meaning. Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. It is designed primarily to be a quick checklist for use by practitioners. In construing the statutes of this state, the following canons of interpretation are to govern, unless their observance would involve a construction inconsistent with the manifest intent of the legislature, or repugnant to the context of the statute: But if principles of contract interpretation and contract construction are so important for 15 Canons of Construction List (to read business contracts the right way) home > blog > how to read contracts ... Cases where it will apply is where the parties have agreed terms in a contract which run contrary to the provisions of statutory law or a restrictive covenant. 4. Commonly Applied Rules of Statutory Construction. Most canons emerge from the common law process through the choices of judges. This list is by no means exclusive or comprehensive. Additionally, certain techniques of statutory construction have been used so often that they have become “formalized” into “canons of construction.” While these canons may not be particularly useful for discerning the meaning of a statute, many courts find them persuasive, and 3. The first few items on the list are general principles of statutory construction, and these are followed by a number of specific canons. 1179, 1180. contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will inform the contract reader how to interpret the provision at issue. 259 These disagreements will sometimes stem from a judge's individual theory of statutory interpretation. As a result, different canons exist to aid a court in resolving a dispute between the parties to a contract. 1) Civil Statutes - Remedial = Remedial legislation should be given a liberal construction to effectuate its statutory purpose (unless clear intent to the contrary) 2) Criminal Statute - Rule of Lenity = Where there is an ambiguity in a criminal statute, all doubts are resolved in … In the Washington State, “[c]ourts construe relative and qualifying words and phrases, both grammatically … As in statutory construction, in a contract dispute the court gives contract terms their plain and ordinary meaning, interpreting them as ordinary, average, or … At the end of the list are some canons that apply to particular areas of law. Not infrequently the Court stacks the deck, and subordinates the general, linguistic canons of statutory construction, as well as other interpretive principles, to overarching presumptions that favor particular substantive results. THE RELATIVE-AND-QUALIFYING-WORDS-AND-PHRASES RULE. the canons of statutory construction is not whether the canons as a 2. Just as the justifications for using the canons of construction vary, so may judges disagree on what qualifies as a valid canon, either as a matter of theory or historical fact. ... there are several canons that a court may apply: In pari materia ("upon the same matter or subject"). Also known as canons of construction, canons give common sense guidance to courts in interpreting the meaning of statutes. See id. | Under Washington State canons of statutory construction, what is the Relative-and-Qualifying-Words-and-Phrases Rule?Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).. Whole Code Canon (SR): The court will "not infer a statutory repeal unless the later statute expressly contradicts the original act or unless such a construction is absolutely necessary in order that the words of the later statute shall have any meaning at all." 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