Author: Publisher:
ISBN:
Category : Wisconsin
Languages : en
Pages : 810
Book Description
State of Wisconsin Blue Book
Author: Congressional Record
Author: United States. CongressPublisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
Book Description
The Nature of Legislative Intent
Author: Richard EkinsPublisher: OUP Oxford
ISBN: 0191645931
Category : Law
Languages : en
Pages : 318
Book Description
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.
Handbook of Legislative Research
Author: Gerhard LoewenbergPublisher: Harvard University Press
ISBN: 9780674370753
Category : Biography & Autobiography
Languages : en
Pages : 832
Book Description
The Handbook of Legislative Research, a comprehensive summary of the results of research on nineteenth and twentieth-century legislatures, is itself a landmark in the evolution of legislative studies. Gathered here are surveys by leading scholars in the field, each providing inventory of an important subfield, an extensive bibliography, and a systematic assessment of what has been accomplished and what directions future research must take.
Legislative History
Author: Arizona State HistorianPublisher:
ISBN:
Category : Arizona
Languages : en
Pages : 480
Book Description
Judging Statutes
Author: Robert A. KatzmannPublisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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.
Oregon Blue Book
Author: Oregon. Office of the Secretary of StatePublisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
Book Description
How Our Laws are Made
Author: John V. SullivanPublisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
Book Description
Law and Leviathan
Author: Cass R. SunsteinPublisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Enactment of a Law
Author: Robert B. DovePublisher:
ISBN:
Category : Legislation
Languages : en
Pages : 40
Book Description