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Vol 21 No 11 Nov/Dec 2016

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Legal Interpretation in Democratic States

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ISBN13: 9780754622154
ISBN: 0754622150
Published: April 2004
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



A discussion of the judicial interpretation of statutes and constitutions. The essays were originally presented as papers at a workshop on Legal Interpretation, Judicial Power, and Democracy, held in Melbourne in June 2000. Participants at the workshop were legal theorists from Australia, New Zealand and the United States. They were invited to explore relationships between legal interpretation, judicial power, democracy, the rule of law, and legal positivism.;The essays are divided into three parts. Those in Part 1 share a particular concern with the proper role of law-makers' intentions in legal interpretation. The essays in Part 2 are more eclectic, defending or discussing particular approaches to interpretation. They include a history of the theory and practice of ""equitable"" interpretation from the 13th century to the 21st. The final part contains essays which deal with constitutional interpretation.

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Contents:
Part 1 Intention, interpretation and politics: interpreting rules - the nature and limits of inchoate intentions, Larry Alexander and Emily Sherwin; grouding theories of legal interpretation, Tom Campbell; legislative intentions, legislative supremacy and legal positivism, Jeffrey Goldsworthy.
Part 2 Interpretive perspectives: a brief history of equitable interpretation in the common law system, Jim Evans; mad dogmas and Englishmen - how other people interpret and why, Maimon Schwarzschild; authority, meaning, legitimacy, Margaret Davies; a hermeneutical standpoint, Arthur Glass; law as the structure of meaning, M.J. Detmold.
Part 3 Interpreting constitutions: living in the past - Burkean conservatism and originalist interpretation, Heidi M. Hurd; natural rights, judicial review and constitutional interpretation, Michael S. Moore; two ways to derive implied constitutional rights, Sinnott-Armstrong; interpretations of federalism - the Australian doctrine of state immunity and the problem of collective choice, David Tucker.