A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law PDF Download

Author: Theodore Sedgwick
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 774

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Author: Theodore Sedgwick
Publisher: BoD – Books on Demand
ISBN: 3382332086
Category : Fiction
Languages : en
Pages : 766

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Reprint of the original, first published in 1857. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Author: J.G. Sutherland
Publisher: Рипол Классик
ISBN: 5876844616
Category : History
Languages : en
Pages : 871

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Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.

Author: Frederick Reed Dickerson
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 346

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This work discusses the constitutional foundations that govern the relations between the legislature and the courts and the issues of separation of powers with respect to statutes. Concepts of legislative meaning, intent, purpose, and context are described in detail.

Author: Robert A. Katzmann
Publisher: Oxford University Press, USA
ISBN: 0199362130
Category : Law
Languages : en
Pages : 184

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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.

Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1108429343
Category : Law
Languages : en
Pages : 347

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Book Description
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.

Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0

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Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0199756147
Category : Law
Languages : en
Pages : 402

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Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460

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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.

Author: Gustav Adolf Endlich
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 970

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