Some Reflections on the Reading of Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Some Reflections on the Reading of Statutes write by Felix Frankfurter. This book was released on 1947. Some Reflections on the Reading of Statutes available in PDF, EPUB and Kindle.
Judging Statutes
Judging Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging Statutes write by Robert A. Katzmann. This book was released on 2014-08-14. Judging Statutes available in PDF, EPUB and Kindle. In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Some Reflections on the Reading of Statutes
Some Reflections on the Reading of Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Some Reflections on the Reading of Statutes write by Felix Frankfurter. This book was released on 1989. Some Reflections on the Reading of Statutes available in PDF, EPUB and Kindle.
Interpreting Statutes
Interpreting Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Interpreting Statutes write by Suzanne Corcoran. This book was released on 2005. Interpreting Statutes available 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.
Modern Statutory Interpretation
Modern Statutory Interpretation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Modern Statutory Interpretation write by Jeffrey Barnes. This book was released on 2023-01-10. Modern Statutory Interpretation available in PDF, EPUB and Kindle. Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.
