strict construction

strict construction
A close or rigid reading and interpretation of a law. It is said that criminal statutes must be strictly construed.
Rule of "strict construction" has no definite or precise meaning, has only relative application, is not opposite of liberal construction, and does not require such strained or narrow interpretation of language as to defeat object of statute. Southwestern Bell Tel. Co. v. Newingham, Mo.App., 386 S.W.2d 663, 665.
Rule of "strict construction" means that criminal statute will not be enlarged by implication or intendment beyond fair meaning of language used, or what their terms reasonably justify, and will not be held to include offenses and persons other than those which are clearly described and provided for, although court in interpreting and employing particular statutes may think legislature should have made them more comprehensive. Matthews v. Powers, Okl.Cr., 425 P.2d 479, 482.
"Strict construction of a statute" is that which refuses to expand the law by implications or equitable considerations, but confines its operation to cases which are clearly within the letter of the statute as well as within its spirit or reason, resolving all reasonable doubts against applicability of statute to particular case. Kyritsis v. Fenny, 66 Misc.2d 329, 320 N.Y.S.2d 702, 704.
See also construction
+ strict and liberal construction
Strict (or literal) construction is construction of a statute or other instrument according to its letter, which recognizes nothing that is not expressed, takes the language used in its exact and technical meaning, and admits no equitable considerations or implications. Liberal (or equitable) construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was designed to remedy, provided such an interpretation is not inconsistent with the language used. It resolves all reasonable doubts in favor of the applicability of the statute to the particular case. It means, not that the words should be forced out of their natural meaning, but simply that they should receive a fair and reasonable interpretation with respect to the objects and purposes of the instrument.
See also equitable construction;

Black's law dictionary. . 1990.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • strict construction — n: interpretation (as of a writing or legislation) based on a literal or technical understanding of the words used Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. strict construction …   Law dictionary

  • strict construction — A narrow or literal construction. A narrow construction of a contract, especially a literal or technical construction of an isolated or special clause which defeats the true meaning of the contract as such is apparent from all its provisions.… …   Ballentine's law dictionary

  • strict construction — …   Useful english dictionary

  • construction — con·struc·tion /kən strək shən/ n: the act or result of construing, interpreting, or explaining meaning or effect (as of a statute or contract) the construction placed upon an agreement J. D. Calamari and J. M. Perillo Merriam Webster’s… …   Law dictionary

  • Strict constructionism — refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. In the United States the phrase is also commonly used more loosely as a generic term for conservativism among the judiciary.… …   Wikipedia

  • strict´ness — strict «strihkt», adjective. 1. very careful in following a rule or in making others follow it: »Our teacher is strict but fair. 2. harsh; severe; stern: »strict discipline, strict justice. Cinderella s stepmother was very strict with her. 3.… …   Useful english dictionary

  • strict´ly — strict «strihkt», adjective. 1. very careful in following a rule or in making others follow it: »Our teacher is strict but fair. 2. harsh; severe; stern: »strict discipline, strict justice. Cinderella s stepmother was very strict with her. 3.… …   Useful english dictionary

  • strict — adj 1: characterized by narrowness: not demonstrating a broad or liberal view strict interpretation 2 a: firm or rigid in requirement or control b: severe in discipline 3 a: inflexibly maintained or adhered to …   Law dictionary

  • construction — Interpretation of statute, regulation, court decision or other legal authority. The process, or the art, of determining the sense, real meaning, or proper explanation of obscure, complex or ambiguous terms or provisions in a statute, written… …   Black's law dictionary

  • construction — Interpretation of statute, regulation, court decision or other legal authority. The process, or the art, of determining the sense, real meaning, or proper explanation of obscure, complex or ambiguous terms or provisions in a statute, written… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”