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Canons of Statutory Interpretation IV

Learn about substantive or policy-based interpretive canons.

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I. Introduction

The final group of interpretive canons are those based on constitutional or policy-based concerns. These canons may sometimes steer interpretations of statutes or promulgated rules in a different direction than would the previously discussed grammatical or contextual canons.

II. Constitutional Avoidance or Doubt Canon

The constitutional-avoidance canon, sometimes called the constitutional-doubt canon, directs that, if at all possible, courts will interpret statutes to avoid...