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 | : 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 (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 | : 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 | : Anthony D'Amato |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download The Injustice of Dynamic Statutory Interpretation Book in PDF, ePub and Kindle
How can we possibly plan our lives on the basis of the law of tomorrow when we can't predict what that law will be? Are courts that are attracted to dynamic statutory interpretation teaching us that we can no longer know and rely on the rule of law in our daily lives because months or years later they can use policy considerations to make new law and apply that law retroactively to us? Doesn't dynamic statutory interpretation amount to unconstitutional ex post facto legislation? Hasn't justice become impossible to get from courts if judges insist on upsetting both sides' expectations of what law was when their case or controversy arose, and instead pull the rug out from under their feet with new law based on the judges' own idea of general social and governmental policy? Isn't this just a case of judges appropriating the rights of the parties, without compensation, in order to announce new social legislation? Isn't this the very definition of injustice?
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 | : Neil Duxbury |
Publisher | : Cambridge University Press |
Total Pages | : 267 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107021871 |
Download Elements of Legislation Book in PDF, ePub and Kindle
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
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.