The Intent of the Legislature

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:
The Intent of the Legislature

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This chapter examines the intent of the legislature in relation to statutory interpretation. It argues in defense of the use of legislative intent in statutory interpretation and against the claims that it is incoherent and not democratic. This chapter also contends that evidentiary arguments that courts sometimes misuse legislative history may have merit and should be dealt with on a case-by-case basis and that arguments against any reference to legislative intent do not have merit and should be rejected.

Keywords: legislative intent; evidentiary arguments; legislative history; courts

Chapter.  16021 words. 

Subjects: Constitutional and Administrative Law

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