Statutory interpretation


Author: Donald James Gifford
Publisher: Lawbook Company
ISBN: N.A
Category: Law
Page: 210
View: 3726
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Examination of the general approaches to statutory interpretation, with a detailed focus on the rules developed by the courts. Leading authorities and representative cases relating to those rules are included. The author teaches law at rhe University of Queensland.

Statutes in Court

The History and Theory of Statutory Interpretation
Author: William D. Popkin
Publisher: Duke University Press
ISBN: 9780822323280
Category: Law
Page: 340
View: 8401
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Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion."--BOOK JACKET.

Dynamic Statutory Interpretation


Author: William N. Eskridge,William N. Eskridge, Jr.,John a Garver Professor of Jurisprudence William N Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category: Law
Page: 438
View: 8653
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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.

Interpreting Statutes


Author: Stephen Bottomley
Publisher: Federation Press
ISBN: 9781862875562
Category: Law
Page: 330
View: 4919
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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.

Legislative law and statutory interpretation

cases and materials
Author: Otto J. Hetzel,Michael E. Libonati,Robert Forrest Williams
Publisher: LexisNexis/Matthew Bender
ISBN: N.A
Category: Law
Page: 729
View: 1218
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Statutory interpretation

problems of communication
Author: P. Jim Evans
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Law
Page: 318
View: 418
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Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the U.S., New Zealand, Australia, and Britain to provide a comprehensive overview of the interpretation of statutes.

Statutory Construction and Interpretation

Statutory Structure and Legislative Drafting Conventions; Drafting Federal Grants Statutes; and Tracking Current Federal Legislation and Regulations
Author: N.A
Publisher: The Capitol Net Inc
ISBN: 1587332132
Category: Law
Page: 318
View: 6023
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This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.

Statutory Interpretation

An Introduction for Students
Author: Christo J. Botha
Publisher: Juta and Company Ltd
ISBN: 9780702159299
Category: Law
Page: 169
View: 6162
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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.

Legislation and Statutory Interpretation


Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett
Publisher: N.A
ISBN: 9781599410784
Category: Law
Page: 405
View: 7220
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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. You'll find 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.

The Theory and Practice of Statutory Interpretation


Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 9780804769815
Category: Law
Page: 248
View: 3293
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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


Author: Sir Rupert Cross,John Bell,Sir George Engle
Publisher: Lexis Pub
ISBN: 9780406049711
Category: Law
Page: 211
View: 8633
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"Cross: Statutory Interpretation" is a concise, systematic introduction to the general principles of statutory interpretation. This new edition provides a comprehensive analysis of the contemporary approach of English courts to the interpretation of statutes. The latest case law developments are incorporated, most importantly Pepper v Hart which has necessitated extensive changes throughout the text. This edition explores the increasing importance of developments in European law, both in EC law and its implementation in domestic law and the impact of the European Convention on Human Rights. The text also incorporates analysis of the latest significant jurisprudential literature, as well as a review of statutory drafting which contrasts the drafting of EC legislation with that of domestic law.

Guide to statutory interpretation


Author: Michael Sinclair
Publisher: Lexis Nexis Matthew Bender
ISBN: N.A
Category: Law
Page: 172
View: 7406
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Statutory Interpretation

Theory and Practice
Author: Randy N. Graham
Publisher: Kluwer
ISBN: 9781552390634
Category: Law
Page: 272
View: 9052
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Legal reasoning and statutory interpretation

Rotterdam lectures in jurisprudence, 1986, 1988
Author: Robert S. Summers,Neil MacCormick,John Bell,J. M. van Dunné
Publisher: N.A
ISBN: 9789060006603
Category: Law
Page: 81
View: 2834
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Principles of statutory interpretation


Author: T. Ian McLeod
Publisher: N.A
ISBN: N.A
Category: Law
Page: 64
View: 4568
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Statutory Interpretation


Author: Ruth Sullivan
Publisher: N.A
ISBN: 9781552214336
Category: Law
Page: 428
View: 7513
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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" - the core concept of the modern principle that governs interpretation - and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that Policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role

Statutory and Common Law Interpretation


Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0199756147
Category: Law
Page: 391
View: 4060
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Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

Statutory interpretation and the uses of legislative history

hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, April 19, 1990
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher: N.A
ISBN: N.A
Category: Law
Page: 531
View: 2336
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Administrative Statutory Interpretation

The Aftermath of Chevron V. Natural Resources Defense Council
Author: Ruth Ann Watry
Publisher: Lfb Scholarly Pub Llc
ISBN: 9781931202435
Category: Law
Page: 203
View: 427
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Statutory Interpretation


Author: Caleb Nelson
Publisher: Foundation Press
ISBN: 9781599417707
Category: Law
Page: 1025
View: 596
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This book is designed for 3-, 4-, or 5-credit courses about the general discipline of statutory interpretation. With extensive notes and lightly edited cases drawn from a variety of substantive fields, the book aspires both (1) to familiarize students with interpretive techniques commonly used by lawyers and judges and (2) to help students think rigorously and systematically about those techniques. Topics covered include: the interplay between purpose and text the canons debates over the use of legislative history the background supplied by other statutes, judicial decisions, and the common lawChevron deference the preemption of state law by federal statutes