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Statutory Interpretation

Autor Y.J. Kim
en Limba Engleză Paperback – 6 aug 2009
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretative rules, so that it may know the effect of the language it adopts". This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described. In analysing a statute's text, the Court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose.
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Specificații

ISBN-13: 9781606929971
ISBN-10: 1606929976
Pagini: 86
Dimensiuni: 149 x 230 x 7 mm
Greutate: 0.18 kg
Ediția:New.
Editura: Nova Science Publishers Inc

Cuprins

Preface; Statutory Text; In General -- Statutory Context and Purpose; Canons of Construction; In General; Ordinary and Specialised Meaning; Terms of art; Ordinary meaning and dictionary definitions; And/or; Definite/indefinite article; Shall/may; Singular/plural; General, Specific, and Associated Words; Grammatical Rules, Punctuation; Statutory Language Not to be Construed as "Mere Surplusage"; Same Phrasing in Same or Related Statutes; Different Phrasings in Same Statute; "Congress Knows How to Say ..."; Statutory Silence; De Minimis Principle; Overriding Presumptions; Departure from Common Law or Established Interpretation; Displacing State Law, Impinging on State Operations; Abrogation of States Eleventh Amendment Immunity; Nationwide Application of Federal; Waiver of Sovereign Immunity; Non-retroactivity / Effective Date; Avoidance of Constitutional Issues; Extraterritorial Application Disfavored; Judicial Review of Administrative Action; Deference to Administrative Interpretation; Repeals by Implication; Laws of the same session; Appropriations laws; Rule of Lenity; Scienter; Remedial Statutes; Statutes Benefiting Indian Tribes; Miscellany; Titles of Acts or Sections; Preambles ("Whereas Clauses"); Findings and Purposes Sections; "Sense of Congress" Provisions; Savings Clauses; "Notwithstanding Any Other Provision of Law"; Implied Private Right of Action; Incorporation by Reference; Severability; Deadlines for Administrative Action; Legislative History; Plain Meaning Rule; Uses of Legislative History; Post-Enactment or "Subsequent" Legislative History; Subsequent legislation; Reenactment; Acquiescence; "Isolated statements"; Signing Statements; Index.