Is a legislative declaration of the meaning of a statute binding or conclusive in construing the statute?
California, United States of America
The following excerpt is from People v. Contreras, 2d Crim. No. B257409 (Cal. App. 2015):
The author's comment is unavailing. "[A] legislative declaration of an existing statute's meaning is neither binding nor conclusive in construing the statute. Ultimately, the interpretation of a statute is an exercise of the judicial power the Constitution assigns to the courts." (Western Security Bank v.
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a statutory language does not yield a plain meaning, and the legislative history of the legislation is not to be considered in determining the meaning of the statute, can a court rely on the statute itself? (California, United States of America)
Can a legislative committee report be used to construe the meaning of a statute? (California, United States of America)
Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
What is the test for determining the meaning of "the meaning of the statute" in law? (California, United States of America)
Does the general rule that an ambiguous taxing statute must be construed strictly in favour of the taxpayer apply only to administrative interpretations of the ambiguous tax statutes? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the "plain meaning" meaning of a statute? (California, United States of America)
What is the test for determining the literal meaning of a statute? (California, United States of America)
Is the language in elder abuse statutes the same as that in child abuse statutes? (California, United States of America)
