"The exercise of the judicial power of the United States often requires that courts construe statutes
to apply them in particular cases and controversies. Judicial interpretation of the meaning of a
statute is authoritative in the matter before the court. Beyond this, the methodologies and
approaches taken by the courts in discerning meaning can help guide legislative drafters,
legislators, implementing agencies, and private parties.
The Supreme Court has expressed an interest “that Congress be able to legislate against a
background of clear interpretive rules, so that it may know the effect of the language it adopts.”
Though the feed-back loop of interpretive practices coming from the courts may not always speak
well to actual congressional practice and desires, the judiciary has developed its own set of
interpretive tools and methodologies, keeping in mind that there is no unified, systematic
approach for unlocking meaning in all cases.
Though schools of statutory interpretation vary on what factors should be considered, all
approaches start (if not necessarily end) with the language and structure of the statute itself. In
this pursuit, the Court follows the principle that a statute be read as a harmonious whole
whenever reasonable, with separate parts being interpreted within their broader statutory context..."
Statutory Interpertations
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment