Chapter

Who Should Interpret Statutes?

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: http://dx.doi.org/10.7208/chicago/9780226767987.003.0006
Who Should Interpret Statutes?

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This chapter examines who should best interpret statutes. It considers the proposals that judges have too much of a role in statutory interpretation and that various agencies would do a better job. This chapter argues that the courts should remain the principal institution engaged in statutory interpretation and explains that stripping judges of the power to make bad decisions almost always strips them of the ability to make good ones. It also considers prosecutorial discretion as statutory interpretation and evaluates whether legislature should influence the court interpretation of the law.

Keywords: statutes; judges; courts; prosecutorial discretion; legislature

Chapter.  15205 words. 

Subjects: Constitutional and Administrative Law

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