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Interpretive Methodology and Delegations to Courts: Are ‘Common-Law Statutes’ Different? [PDF]

open access: yes, 2013
It is hard to find consensus on questions of statutory interpretation. Debates rage on about the appropriate goals of interpretation and the best means of achieving those ends.
Lemos, Margaret H.
core   +1 more source

The Life and Times of Textualism in South Africa

open access: yesPotchefstroom Electronic Law Journal, 2019
This paper analyses the dominant approaches to statutory interpretation through a historical lens. It argues that for most of South Africa's history the methods of interpretation were twisted in order to give effect to the intentions of the legislature ...
Kessler Perumalsamy
doaj   +1 more source

Why Originalism Won’t Die - Common Mistakes in Competing Theories of Judicial Interpretation [PDF]

open access: yes, 2007
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous seemingly fatal criticisms.
Smith, Tara
core   +1 more source

Reclaiming the Constitutional Text from Originalism: The Case of Executive Power [PDF]

open access: yes, 2018
There are consequences to theories in a world questioning the power of the President. For decades, some originalists, including Justice Scalia, maintained that the President enjoys “all” executive power.
Nourse, Victoria Frances
core   +2 more sources

Textualism and Originalism in Constitutional Interpretation [PDF]

open access: yes, 2017
[Excerpt] In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuch warmly praised former Supreme Court Justice Antonin Scalia\u27s approach to constitutional interpretation.
Greabe, John M
core   +1 more source

The manifestations of the other in graphic design

open access: yesالاكاديمي, 2021
The issue of the other in the graphic design and specifically the advertising constitutes a cognitive study of the structure of the intellectual expansion in the cognitive and intellectual creative systems because of the implicit and declared embodiment ...
Sahar Ali Sarhan
doaj   +1 more source

Antonin Scalia’s Constitutional Textualism: The Problem of Justice to Posterity

open access: yesIntergenerational Justice Review, 2012
Antonin Scalia defends his textualist approach to interpreting the Constitution by asserting that the purpose of the Constitution is to restrict the range of options open to future generations by enshrining institutional arrangements and practices in ...
Bruce E. Auerbach, Michelle Reinhart
doaj   +3 more sources

The Countertextual Peripeteias of the Contemporary Humanities as a Political Challenge

open access: yesAnaliza i Egzystencja
The article seeks to provide a philosophical recognition of the sense of changes that have been taking place in the contemporary humanities for several decades, as well as their political and institutional consequences.
Daniel Sobota
doaj   +1 more source

What Statutes Mean: Interpretive Lessons from Positive Theories of Communication and Legislation [PDF]

open access: yes, 2007
How should judges interpret statutes? For some scholars and judges, interpreting statutes requires little more than a close examination of statutory language, with perhaps a dictionary and a few interpretive canons nearby.
Boudreau, Cheryl   +3 more
core   +2 more sources

Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2019
The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure ...
Reza Najafi   +2 more
doaj   +1 more source

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