Chapter

Administrative Interpretation and the Complications It Reveals

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print November 2012 | ISBN: 9780199756148
Published online January 2013 | e-ISBN: 9780199979523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199756148.003.0006
Administrative Interpretation and the Complications It Reveals

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This chapter addresses complexities introduced by the fact that administrative agencies perform a great many construals of statutes, and it may well be that these agencies should not simply try to replicate what courts do when they engage in that endeavor. Related to how agencies do and should interpret statutes are questions about the responses of reviewing courts. More particularly, should they defer to agency interpretations and decisions about implementation; how should standards of deference be cast; and on what theories can deference be defended?

Keywords: statutory interpretation; administrative agencies; statutes; agency interpretation

Chapter.  16483 words. 

Subjects: Jurisprudence and Philosophy of Law

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