In our governmental system of checks and balances, the courts have the right to interpret or construe the law created by the legislative branch and enforced by the executive branch. The courts determine the meaning of the words used in the statute and decide whether a particular set of facts comes within the scope of the law created by the statute. The same function is exercised with respect to the federal and state constitutions. As a part of this function the courts determine whether or not a particular statute is in conflict with a particular constitutional provision.

In the process of determining the scope and meaning of statutory and constitutional provisions, the courts have developed a number of rules. These are known as rules of statutory construction. The fundamental purpose of all these rules is to ascertain and give effect to the intention of the legislature.

One of the most basic rules is that if the language of the statute is plain and unambiguous and its meaning clear and definite, there is no room for judicial construction. The statute is said to have a "plain meaning," which the courts must enforce irrespective of their opinion of the wisdom or efficacy of the statute. Normally the meaning of a statute is sought from the words used by the legislature to express its intent. But if the language of the statute is ambiguous and may have more than one meaning, matters that are extraneous to the statute�such as its title, legislative history, conditions leading to its enactment, and so forth�can be taken into account in an attempt to arrive at the statute�s true meaning.

It stands to reason that all parts of a statute must be considered in any attempt to ascertain its meaning. Furthermore, the interpretation adopted by a court must be one that will give effect to the whole statute. Reflecting the traditional conflict between common and statutory law, the courts have decreed that statutes in derogation of the common law shall be strictly construed. This means that in order to change the common law a statute must do so clearly and explicitly or it will not be enforced. Finally, if there are two statutes dealing with the same subject matter, the latter one in time is to be given effect as the last expression of legislative intent.