Legislative Law And 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 judgecentered 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.
Legislative Law And Statutory Interpretation Cases And Materials
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Author : Otto J. Hetzel
language : en
Publisher: LexisNexis
Release Date : 2008-07-01
Legislative Law And Statutory Interpretation Cases And Materials written by Otto J. Hetzel and has been published by LexisNexis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-01 with Law categories.
This heavily discounted, three-hole punched, alternative loose-leaf version of the hardbound book is printed on 8 x 11 inch paper with wider margins and with the same pagination as the hardbound book. Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this casebook employs a variety of approaches to convey the legislature's role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by federal and state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text- based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use. Legislative Law and Statutory Interpretation then covers five broad areas generally organized to reflect questions of institutional (judicial or legislative) competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents, and interpretatio
Legislation And Statutory Interpretation
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Author : William N. Eskridge (Jr.)
language : en
Publisher:
Release Date : 2006
Legislation And Statutory Interpretation 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 2006 with Law categories.
Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Understanding Common Law Legislation
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Author : F. A. R. Bennion
language : en
Publisher: OUP Oxford
Release Date : 2001-10-18
Understanding Common Law Legislation written by F. A. R. Bennion and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-18 with Law categories.
Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
On The Interpretation Of Statutes
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Author : Sir Peter Benson Maxwell
language : en
Publisher:
Release Date : 1875
On The Interpretation Of Statutes written by Sir Peter Benson Maxwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Law categories.
Statutes And Statutory Construction
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Author : Jabez Gridley Sutherland
language : en
Publisher:
Release Date : 1891
Statutes And Statutory Construction written by Jabez Gridley Sutherland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Law categories.
Legislative Law And Statutory Interpretation
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Author : Otto J. Hetzel
language : en
Publisher: LexisNexis
Release Date : 2008
Legislative Law And Statutory Interpretation written by Otto J. Hetzel and has been published by LexisNexis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this casebook employs a variety of approaches to convey the legislature's role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by federal and state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text- based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use. Legislative Law and Statutory Interpretation then covers five broad areas generally organized to reflect questions of institutional (judicial or legislative) competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents, and interpretation of state statutes by federal courts and vice versa. This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider mar
Statutory Interpretation
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Author : Christo J. Botha
language : en
Publisher: Juta and Company Ltd
Release Date : 2005
Statutory Interpretation written by Christo J. Botha and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Since 1994 the new constitutional order has changed the orthodox and traditional rules of statutory interpretation. There is a new lexicon: plain language drafting and fundamental values; constitutional supremacy and human rights; accountability and transparency.
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 Language Of Statutes
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Author : Lawrence Solan
language : en
Publisher: University of Chicago Press
Release Date : 2010-12
The Language Of Statutes written by Lawrence Solan and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12 with Language Arts & Disciplines categories.
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.