It is based on the presumption that the legislature would not

have made specific enumerations in a statute had the

STATCON / Finals Reviewer / SY 2018-2019 intention been not to restrict its meaning and to confine its
terms to those expressly mentioned. However, it does not
apply where the legislative did not intend for the enumeration
Interpretation of Words and Phrases to be exclusive or where the enumeration is listed only to show
examples.
 Canons of Construction – are a set of background norms and  Dissimilum Dissimilis Est Ratio – distinguishing when there
conventions that are widely used by courts when interpreting are facts and circumstances showing that the legislature
statutes. Courts invoke canons of construction to avoid intended a distinction or qualification.
declaring a law unconstitutional.  Casus Omisus Pro Omisso Habendus Est – a person, object,
 Classified as substantive and linguistic or thing omitted from an enumeration must be held to have
- Substantive canons can challenge the legislative been omitted intentionally; applies only when the omission is
supremacy insofar as their purpose is to promote policies clearly established.
external to a statute while the purpose of linguistic canon 
is to decipher the legislature’s intent.
- “inclusio unius est exclusion alterius” – inclusion of the
one is exclusion of the other
 Although the ascertainment of the purpose of the enactment Construction of Statute as a Whole
is a step in the process of ascertaining the meaning of the
intent; the reason for the enactment must necessarily shed Tenor
considerable light on the law of the statue, the enactment
should be construed with reference to its intended scope and
out its purpose and court should seek to carry out this purpose
rather than defeat it.
 Canons are not divine directives but tools that can aid in
interpretation. They are not given persuasive effect because
they can always be trumped by express statutory language.
 General and Particular Uses of Words:
- A statute is not rendered void merely because it used
general words.
- Rule #1 in StatCon – The terms used are generally to be
given their ordinary meaning. However, if the literal
meaning of the word would lead to absurdity, it could be
construed according to the spirit of the law. Words and
phrases used in a stature should also be given their plain,
ordinary, and common usage meaning in the absence of
the legislative intent to the contrary.
 Expressio Unius Est Exclusio Alterius – the express mention
of one person, thing, act, or consequence excludes all others.