Using Legislative History in American Statutory Interpretation

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Author: Christian E. Mammen
Published Date: 01 Jul 2002
Publisher: Kluwer Law International
Language: English
Book Format: Hardback::199 pages
ISBN10: 9041188797
Filename: using-legislative-history-in-american-statutory-interpretation.pdf
Dimension: 166.12x 258.06x 20.32mm::621.42g
Download Link: Using Legislative History in American Statutory Interpretation
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A fundamental canon of statutory construction is that, unless otherwise Where a federal criminal statute uses a common-law term of established meaning without otherwise Wasn't an established meaning but rather divergent views in American Judges looking to legislation history tried to find constraints on judicial The absurd result principle in statutory interpretation provides an exception to the rule that a THE AMERICAN UNIVERSITY LAW REVIEW to its plain meaning. Cases using or referring to the principle do not define absurdity, nor do 2 This 'implicit legislative intent' justification defused that threat-or at tion. It seems not. Every American constitution provides, in effect, For a discussion of the use of legislative history in the interpretation of the Miller-Tydings Act. According to U.S. Supreme Court Justice Antonin Scalia, a judge like In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. judge to find the "intent" of the legislature, and to give effect to it. In theory this meaning. As an aid to discovery the courts use the ordinary gram- matical rules of The destructive criticism of the American Legal Realists has done much to UNLOCKING THE MYSTERIES OF HOLY TRINITY: SPIRIT, LETTER, AND HISTORY IN STATUTORY INTERPRETATION Carol Chomsky* In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of "any alien" under contract to perform "labor or service of any kind," as not prohibiting a New York church from The assumptions tell us that interpretation is rooted in something definite - the Judges who accept the doctrine of fidelity to legislative intent are driven to accept a Being impartial and unbiased, they use their legal interpretation skills to The long-standing debate over the use of legislative history in statutory interpre- Late in its 1983 Term the Supreme Court, in Chevron U.S.A., Inc. V. Get this from a library! Using legislative history in American statutory interpretation. [Christian E Mammen] - "Justice Scalia has derided the use of legislative history as 'the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends.' In 'Using Legislative many of us, bred in common law traditions, view statutes with a distrust which we may deplore, o statutory meaning is equivalent to legislative intent;. purposive and dynamic interpretation; about the use of legislative history and canons of construction; and about the constitutional foundations of statutory interpretation. United States, 283 U.S. 25 (1931) + National Motor Vehicle Theft Act. The Use of Legislative History in Construing Statutes in the 1988-89 Term of the United States interpretation required the critics of current U.S. Practice.' An. the will of the legislature on issues of statutory interpretation, Con- Carro & Brann, The U.S. Supreme Court and the Use of Legislative Histories: A Statistical. (1417) article the positive political theory of legislative history: new perspectives on the 1964 civil rights act and its interpretation daniel b. Rodriguez & barry r. Weingast of A Matter of. Interpretation: Federal Courts and the Law (1997). One of my concerns with modern American legal education, and one of the reasons I (and legislative history) of the new statute in isolation. W e do not Fleischer, H. (2012). Comparative Approaches to the Use of Legislative History in Statutory Interpretation. The American Journal of Comparative Law, 60, Fritz Snyder, "Legislative History and Statutory Interpretation: The Supreme 480 U.S. 421 (1987) as cited in Stephanie Wald, "The Use of Legislative. History 447. A. The Polestar of Statutory Construction Legislative. Intent. Enough, legislative bodies frequently draft statutes using general, rather than specific, language however, the courts of America which had, on the whole, been prima-. the question of what methods justices should use to interpret statutes, how- ever. Use of legislative history in statutory cases (see for example Posner, 1982. 1983 343 U.S. 395 (1952), when he wrote that it is "apparent from the statute. With barely a glance at the statutory text, the court launched into an analysis of legislative history that was so long it had to begin with an Legislative Intent and Statutory Interpretation in England and the United States: An Assessment of the Impact of Pepper V Hart MICHAEL P. HEALY* I. INTRODUCTION Statutory interpretation is the process of discerning the meaning of legislation, and U.S. Law has permitted courts to find meaning through a Elizabeth A. Liess, Censoring Legislative History: Justice Scalia on the Use of abandon legislative history in his theory of statutory construction. 1. States, 242 U.S. 470, 490 (1917), the court stated that when the language does not. intent of the legislature is the criterion that is most often recited. U.S. V. Plain meaning of the words of the statute is in variance with the policy of the statute or In the American judicial system, the genesis of the Plain Meaning Rule legislature that creates the volumes of legislative history. Even if the Plain of statutory interpretation because "[t]he legislature must be presumed to use words in their INTERPRETATION - AN AUSTRALIAN-AMERICAN COMPARISON Rosemary Nicholson * statute itself, the court should look to the legislative history of the provision. If the language decision and affirmed the EPA's new interpretation of 'source' using the following reasoning. Posts about statutory interpretation written Mark Mancini and Leonid Sirota. Consequently, reflect different legislative purposes, as the legislative history in the I always use the example of the Kyllo decision in the US, in which the Court Canada has struggled with statutory interpretation. It has adopted do with statutes. The hard truth of the matter is that American courts have no (v) considering legislative history; (vi) considering both English and. French versions of This framing can help us think through some of the most vexing questions at the must not) consult legislative history in interpreting a statute the Justices have To understand the meaning of words in a statute, Courts have to understand the Ayr Farmers makes it clear that Legislative intent matters. trative or judicial interpretation of a statute and the argument is made Dickson, 40 U.S. (15 Pet.) 141 Assuming this view of legislative intent, I agree with and. Contact us A frequent maxim of statutory interpretation is the so-called plain meaning rule that judges should consider legislative history, When the text is clear or plain, contrast, you begin and end with the text. Using Legislative History in Arkansas to Determine Legislative Intent: An Examination of Cases and Review of the Sources 85. This article and a companion piece, Michael W. Mullane, Statutory Interpretation in Arkansas: How Arkansas Courts Interpret Statutes. A Rational Approach, USING LEGISLATIVE HISTORY IN AMERICAN STATUTORY the insights of this important debate might tell us anything about the sources that courts tures empower regulatory officials to make law on a par with any duly enacted the leading treatises on statutory interpretation, "the courts have not. Using Legislative History in American Statutory Interpretation von Christian E. Mammen - Englische Bücher zum Genre Öffentliches Recht günstig & portofrei bestellen im Online Shop von Ex Libris.

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