Statutory interpretation

Author: Donald James Gifford

Publisher: Lawbook Company

ISBN: N.A

Category: Law

Page: 210

View: 8273

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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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: 6340

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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Interpreting Statutes

Author: Stephen Bottomley

Publisher: Federation Press

ISBN: 9781862875562

Category: Law

Page: 330

View: 9113

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: 3670

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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Statutory Interpretation

An Introduction for Students

Author: Christo J. Botha

Publisher: Juta and Company Ltd

ISBN: 9780702159299

Category: Law

Page: 169

View: 3765

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.
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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: 4719

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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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: 1367

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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The Theory and Practice of Statutory Interpretation

Author: Frank B. Cross

Publisher: Stanford University Press

ISBN: 9780804769815

Category: Law

Page: 248

View: 5794

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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Statutory Interpretation

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

Publisher: Lexis Pub

ISBN: 9780406049711

Category: Law

Page: 211

View: 5302

"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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Legislation and Statutory Interpretation

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

Publisher: N.A

ISBN: 9781599410784

Category: Law

Page: 405

View: 3542

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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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: 7122

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Statutory Interpretation

Author: Ruth Sullivan

Publisher: N.A

ISBN: 9781552214336

Category: Law

Page: 428

View: 5533

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
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Statutory and Common Law Interpretation

Author: Kent Greenawalt

Publisher: Oxford University Press

ISBN: 0199756147

Category: Law

Page: 391

View: 3069

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.
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Statutory Interpretation

Theory and Practice

Author: Randy N. Graham

Publisher: Kluwer

ISBN: 9781552390634

Category: Law

Page: 272

View: 9194

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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: 8481

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Statutory Interpretation

General Principles and Recent Trends

Author: N.A

Publisher: Nova Science Pub Incorporated

ISBN: 9781606929971

Category: Law

Page: 86

View: 7318

The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretative rules, so that it may know the effect of the language it adopts". This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described. In analysing a statute's text, the Court is 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 in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose.
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