Dynamic Statutory Interpretation
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Dynamic Statutory Interpretation
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Author : William N. Eskridge
language : en
Publisher: Harvard University Press
Release Date : 1994
Dynamic Statutory Interpretation written by William N. Eskridge and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judge-centered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence-liberal, legal process, and antiliberal-inform debates about statutory interpretation. He explores what theory of statutory interpretation-if any-is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Statutes In Court
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Author : William D. Popkin
language : en
Publisher: Duke University Press
Release Date : 1999
Statutes In Court written by William D. Popkin and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Interpreting Statutes
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Author : Suzanne Corcoran
language : en
Publisher: Federation Press
Release Date : 2005
Interpreting Statutes written by Suzanne Corcoran and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Art categories.
Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Elements Of Legislation
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Author : Neil Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2013
Elements Of Legislation written by Neil Duxbury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
The Theory And Practice Of Statutory Interpretation
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Author : Frank B. Cross
language : en
Publisher: Stanford University Press
Release Date : 2008-11-19
The Theory And Practice Of Statutory Interpretation written by Frank B. Cross and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-19 with Law categories.
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
Statutory Interpretation In Australia
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Author : Dennis Charles Pearce
language : en
Publisher:
Release Date : 2014
Statutory Interpretation In Australia written by Dennis Charles Pearce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.
The Nature Of Legislative Intent
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Author : Richard Ekins
language : en
Publisher: OUP Oxford
Release Date : 2012-10-12
The Nature Of Legislative Intent written by Richard Ekins and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Law categories.
Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Statutory Interpretation
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Author : Michelle Sanson
language : en
Publisher: OUP Australia & New Zealand
Release Date : 2012-04-24
Statutory Interpretation written by Michelle Sanson and has been published by OUP Australia & New Zealand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-24 with Law categories.
Statutory Interpretation responds to a recognized need for students to have improved skills in statutory interpretation. The book is intentionally aligned with the length of a typical semester, and in addition to research and analysis of statutory interpretation rules and principles, case scenarios and application exercises are provided.
The Supreme Court And The Idea Of Progress
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Author : Alexander M. Bickel
language : en
Publisher: Yale University Press
Release Date : 1978-01-01
The Supreme Court And The Idea Of Progress written by Alexander M. Bickel and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978-01-01 with Political Science categories.
A Republic Of Statutes
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Author : William N. Eskridge (Jr.)
language : en
Publisher:
Release Date : 2013-05-28
A Republic Of Statutes written by William N. Eskridge (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-28 with Constitutional law categories.
The Constitution is often conceived as our nations Grand Blueprint and the embodiment of our Highest Aspirations. The authors, using prominent cases such as Brown v. Board of Education, maintain that this conception is myth. Instead, William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.