Stability, Dynamism, and Other Values

in The Language of Statutes

Published by University of Chicago Press

Published in print December 2010 | ISBN: 9780226767963
Published online March 2013 | e-ISBN: 9780226767987 | DOI:
Stability, Dynamism, and Other Values

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This chapter examines what values other than legislative primacy contribute to the interpretation of statutes. It analyzes the competing values of stability and responsiveness to changing circumstances, coherence, constitutional values, fair notice, support for law enforcement and the personal values of judges. This chapter examines several cases and suggests that courts strongly favor legislative primacy as a value, although they disagree over how best to be faithful to the lawmakers.

Keywords: legislative primacy; interpretation of statutes; stability; responsiveness; constitutional values; fair notice; law enforcement; personal values; judges; lawmakers

Chapter.  16379 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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