NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW NC COLLEGE OF LAW

 What is Contemporary Construction

 Kinds of Executive Construction
 Weight Accorded to Contemporaneous Construction
 Weight Accorded to Usage and Practice
 Reasons Why Contemporaneous Construction is Given Much Weight
 When Contemporaneous Construction Disregarded
 Erroneous Contemporaneous Construction does not Preclude Correction nor
Create Right; Exeptions
 Legislative Interpretation
 Legislative Approval
 Re-enactment
 Stare Decisis
 This rule-making power, authorities sustain the principle that the interpretation
by those charged with their enforcement is entitled to great weight by the court in the
latter’s construction of such rules and regulations.

Examples:

 An Administrative body has power to interpret its own rules which have the force and effect of law, and
such an interpretation becomes part of the rule. (Foley vs. Benedict, 122 Tex 193, 55 SW [2d] 805, 86 ALR 477).

 Rules, regulations, and general orders enacted by administrative authorities pursuant to the powers
delegated to them have the force and effect of law. (Columbia Broadcasting System vs. United States, 87, L. Ed. [Adv.
1066]).
1. It comes from the particular branch of government called upon to implement the
law thus construed.

2. Competence, expertness, experience and informed judgment and the fact that
they frequently are drafters of the law they interpret.

3. Need for certainty and predictability in the law.

1. TAKE THE FORM OF AN IMPLIED ACQUIESCENCE TO, OR APPROVAL OF AN
EXECUTIVE OR JUDICIAL CONSTRUCTION OF A STATUTE

2. CANNOT LIMIT OR RESTRICT THE POWER GRANTED TO THE COURTS BY

THE CONSTITUTION.
1. THE LEGISLATURE IS PRESUMED TO HAVE FULL KNOWLEDGE OF A
CONTEMPORANEOUS OR PRACTICAL CONSTRUCTION OF A STATUTE BY AN
ADMINISTRATIVE OR EXECUTIVE OFFICER CHARGED WITH ITS
ENFORCEMENT

2. THE LEGISLATIVE MAY APPROVE OR RATIFY SUCH CONTEMPORANEOUS

CONSTRUCTION
3. MAY ALSO BE SHOWMEN BY THE LEGISLATURE APPROPRIATING MONEY
FOR THE OFFICER DESIGNATED TO PERFORM A TASK PURSUANT TO
INTERPRETATION OF A STATUTE

4. LEGISLATIVE RATIFICATION IS EQUIVALENT TO MANDATE.