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Author: J.G. Sutherland Publisher: Рипол Классик ISBN: 5876844616 Category : History Languages : en Pages : 696
Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author: J.G. Sutherland Publisher: Рипол Классик ISBN: 5876844616 Category : History Languages : en Pages : 696
Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author: Robert A. Katzmann Publisher: Oxford University Press ISBN: 0199362149 Category : Law Languages : en Pages : 256
Book Description
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.
Author: Publisher: The Capitol Net Inc ISBN: 1587332132 Category : Law Languages : en Pages : 319
Book Description
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.
Author: William D. Popkin Publisher: Duke University Press ISBN: 9780822323280 Category : Law Languages : en Pages : 368
Book Description
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Author: J.G. Sutherland
Author: J.G. Sutherland
Author: Jabez Gridley Sutherland
Author: Jabez Gridley Sutherland
Author: Jabez Gridley Sutherland
Author: Robert A. Katzmann
Author: 
Author: Norman J. Singer
Author: Norman J. Singer
Author: Jabez Gridley Sutherland
Author: William D. Popkin