The Nature of Legislative Intent - 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 The Nature of Legislative Intent write by Richard Ekins. This book was released on 2012-10-12. The Nature of Legislative Intent available in PDF, EPUB and Kindle. Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Elements of Legislation
Elements of Legislation - 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 Elements of Legislation write by Neil Duxbury. This book was released on 2013. Elements of Legislation available in PDF, EPUB and Kindle. Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Dynamic Statutory Interpretation
Dynamic 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 Dynamic Statutory Interpretation write by William N. Eskridge. This book was released on 1994. Dynamic Statutory Interpretation available 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.
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. Judging Statutes available in PDF, EPUB and Kindle. Drawing upon his background in law, government and political science, U.S. Second Circuit Chief Judge Robert A. Katzmann contends that Congress's work product - including sources beyond the text - must inform courts' interpretation of statutes.
Parliamentary Sovereignty
Parliamentary Sovereignty - 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 Parliamentary Sovereignty write by Jeffrey Goldsworthy. This book was released on 2010-07-22. Parliamentary Sovereignty available in PDF, EPUB and Kindle. This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
