Statutory interpretation

Author: Donald James Gifford

Publisher: Lawbook Company

ISBN: N.A

Category: Law

Page: 210

View: 8406

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.
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Interpreting Statutes

Author: Stephen Bottomley

Publisher: Federation Press

ISBN: 9781862875562

Category: Law

Page: 330

View: 6712

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.
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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: 6958

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.
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The Theory and Practice of Statutory Interpretation

Author: Frank B. Cross

Publisher: Stanford University Press

ISBN: 9780804769815

Category: Law

Page: 248

View: 4388

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.
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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: 3451

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.
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Statutory interpretation

an introduction for students

Author: Christo J. Botha

Publisher: N.A

ISBN: N.A

Category: Law

Page: 185

View: 1995

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Mastering Statutory Interpretation

Author: Linda D. Jellum

Publisher: N.A

ISBN: 9781611634563

Category: Law

Page: 396

View: 448

Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
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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: 9480

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.
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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: 3468

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.
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Legislation and Statutory Interpretation

Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett

Publisher: N.A

ISBN: 9781599410784

Category: Law

Page: 405

View: 3760

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.
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Statutory Interpretation

An Introduction for Students

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: 191

View: 5765

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Statutory Interpretation

Author: Sir Rupert Cross,John Bell,Sir George Engle

Publisher: Lexis Pub

ISBN: 9780406049711

Category: Law

Page: 211

View: 9155

"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.
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Statutory Interpretation

Theory and Practice

Author: Randy N. Graham

Publisher: Kluwer

ISBN: 9781552390634

Category: Law

Page: 272

View: 9720

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Statutory interpretation in Australia

Author: Dennis Charles Pearce,Robert S. Geddes

Publisher: N.A

ISBN: N.A

Category: Law

Page: 314

View: 1258

This book seeks to provide legal practitioners and students with a guide to some of the practical questions of interpretation in legislation as they arise in Australia today.
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Statutory Interpretation

Author: Ruth Sullivan

Publisher: N.A

ISBN: 9781552211380

Category: Law

Page: 347

View: 5749

The book's primary focus is on the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the often confusing rules of interpretation, explains the way these rules relate to each other, and focuses on the strategic use of the rules in constructing arguments and justifying outcomes.
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Examples & Explanations for Legislation, Statutory Interpretation, and Election Law

Author: Richard L. Hasen

Publisher: Wolters Kluwer Law & Business

ISBN: 1454850566

Category: Law

Page: 448

View: 7002

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. Suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation. No other statutory supplement is as comprehensive, up-to-date, and full of examples (and answers) to test student knowledge.
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Modern Statutory Interpretation

Problems, Theories, and Lawyering Strategies

Author: Linda D. Jellum,David Charles Hricik

Publisher: N.A

ISBN: N.A

Category: Law

Page: 438

View: 4622

This casebook is designed to teach statutory interpretation as a lawyering process. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text for meaning. The book then addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of uniform statutes. Within each chapter, subjects are introduced with concise summaries of core concepts. After that introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus before class the students thoughts and understanding of the case and the concepts it raises, including the broader implications. Finally, problems are included for key subjects to ensure that the students learn statutory interpretation skills. Each problem lends itself to at least two arguments (and usually more) and relies upon and requires further inquiry into the concepts in the chapter.
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Legislation and Statutory Interpretation

Author: Kath Hall,Claire Elizabeth Macken

Publisher: N.A

ISBN: 9780409330656

Category: Law

Page: 234

View: 5605

LexisNexis Guides: Legislation and Statutory Interpretation provides a clear and accessible guide to one of the most important skills all students of law must master: how to navigate and understand legislation. The authors provide an engaging overview of important aspects of the legislative process, its application and interpretation, together with examples, questions and excerpts from relevant legislation. This book is specifically designed for students studying the statutory process and statutory interpretation or anyone interested in knowing more about this subject.
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