Statutory Default Rules PDF
By:Einer Elhauge
Published on 2009-07-01 by Harvard University Press
Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
This Book was ranked at 18 by Google Books for keyword Legislation.
Book ID of Statutory Default Rules's Books is l4A0BVUeYHsC, Book which was written byEiner Elhaugehave ETAG "J8oe3pxquUA"
Book which was published by Harvard University Press since 2009-07-01 have ISBNs, ISBN 13 Code is 9780674033672 and ISBN 10 Code is 0674033671
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Book which have "400 Pages" is Printed at BOOK under CategoryLaw
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