Dynamic Statutory Interpretation PDF Download
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| Author | : William N. Eskridge |
| Publisher | : Harvard University Press |
| Total Pages | : 460 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : 9780674218789 |
Download Dynamic Statutory Interpretation Book in PDF, ePub and Kindle
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.
| Author | : William N. Eskridge |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023-08-10 |
| Genre | : |
| ISBN | : 9780674279124 |
Download Dynamic Statutory Interpretation Book in PDF, ePub and Kindle
| Author | : |
| Publisher | : GRIN Verlag |
| Total Pages | : 23 |
| Release | : 2021-04-20 |
| Genre | : Law |
| ISBN | : 3346391418 |
Download Law making is the Regime of Legislature. A Critical Overview of the Partnership Model Book in PDF, ePub and Kindle
Essay from the year 2021 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A, , language: English, abstract: The main topic of this paper is to frame a critique of the so-called partnership model in jurisdiction between the legislature and the judiciary- The hallmark of 19th and 20th century doctrines of interpretation has been that they premise themselves on the principle that a court ought to interpret law as it stands. The function of the court is to interpret the language of a statute, whereas it is for the legislature to make enactments and for the courts to enforce such enactments. Courts are not legislators, they have to carry out loyally the directions of the legislature. Two models of interpretation stands in present world, agency and partnership model. According to the agency model while interpreting a statute, the Court has to discover the intent of the legislature or the purpose behind legislation. The partnership model views the Court as a partner in legislative enterprise with legislature, hence, while interpreting a statute the Court should seek a sensible to avoid rigors of law. Judge does not create normative text but rather gives it meaning. The static vision of statutory interpretation prescribed by traditional doctrine is strikingly outdated. Interpretation of a statute evolves over time because of changing factual contexts and the changing perspectives of its interpreters. Statutory interpretation should appropriately balance a number of factors, including predictability and certainty, economic efficiency, fairness, and the public interest.
| Author | : William D. Popkin |
| Publisher | : Duke University Press |
| Total Pages | : 368 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 9780822323280 |
Download Statutes in Court Book in PDF, ePub and Kindle
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.
| Author | : William N. Eskridge (Jr.) |
| Publisher | : |
| Total Pages | : 436 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : |
Download Legislation and Statutory Interpretation Book in PDF, ePub and Kindle
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.
| Author | : Frank B. Cross |
| Publisher | : Stanford University Press |
| Total Pages | : 248 |
| Release | : 2008-11-19 |
| Genre | : Law |
| ISBN | : 0804769818 |
Download The Theory and Practice of Statutory Interpretation Book in PDF, ePub and Kindle
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.
| Author | : William N. Eskridge |
| Publisher | : West Academic Publishing |
| Total Pages | : 164 |
| Release | : 2004-08-02 |
| Genre | : Legislation |
| ISBN | : |
Download Cases and Materials on Legislation Book in PDF, ePub and Kindle
Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.
| Author | : Richard Ekins |
| Publisher | : OUP Oxford |
| Total Pages | : 318 |
| Release | : 2012-10-12 |
| Genre | : Law |
| ISBN | : 0191645931 |
Download The Nature of Legislative Intent Book in PDF, ePub and Kindle
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.
| Author | : Andrew Burrows |
| Publisher | : Cambridge University Press |
| Total Pages | : 165 |
| Release | : 2018-08-02 |
| Genre | : Law |
| ISBN | : 1108475019 |
Download Thinking About Statutes Book in PDF, ePub and Kindle
A practical and lively discussion of the English Law on statutes.
| Author | : Suzanne Corcoran |
| Publisher | : Federation Press |
| Total Pages | : 358 |
| Release | : 2005 |
| Genre | : Art |
| ISBN | : 9781862875562 |
Download Interpreting Statutes Book in PDF, ePub and Kindle
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.
