CARVIEW |
statutory interpretation
Statutory interpretation, also known as statutory construction, is the process by which courts interpret and apply legislation. While some statutes may have a plain meaning, many contain ambiguity that may need to be resolved by a judge. To determine the meaning of a statute, judges use various tools of interpretation, including traditional canons of statutory interpretation, legislative history, and statutory purpose.
In the United States, two primary theories guide statutory interpretation: purposivism and textualism. Both aim to uphold legislative supremacy, and regardless of their theory, judges often use many of the same tools, including:
- Examining the ordinary meaning of the statutory text.
- Considering the broader statutory context.
- Applying canons of construction, which are established guides and presumptions for reading statutes.
- Reviewing the legislative history of a provision.
- Considering how the statute has been implemented.
Although both purposivists and textualists may employ these tools, their interpretive theory can influence the order in which the tools are applied and the weight given to each.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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