Assignment Task
Task
“We might usefully invoke an image of the ideal or representative legislator, whose understanding reflects the general intentions and purposes of those actual legislators who approved the statutory text……. Our ideal legislator is not only a gifted and painstaking communicator, but one who is appropriately sensitive to the demands of constitutional principle, respectful of citizens’ rights and the requirements of justice or fairness as regards the balance between public benefits and individual burdens.”-T. R. S. Allan.
Is interpretation of a statute a dialogue between the judge and an ideal legislator? Argue for or against the given statement.
If we go into a constitutional law class, or study a constitutional law textbook, or read a brief filed in a constitutional law case, you will rarely find the discussion addressed to the text of the constitutional provision that is at issue, or to the question of what was the originally understood or even the originally intended meaning of the text. The starting point of analysis would be Supreme Court cases, and the new issue will presumptively be decided according to the logic that those cases expressed, with regard for how far that logic, thus extended, has distanced us from the original text and understanding. Worse still however, it is known and understood that logic fails to produce what in the view of the current Supreme Court the desirable result for the case at hand, then like common law judges the court will distinguish its precedents or narrow them, or if all fails, overrule them, in order that the constitution might mean what it ought to mean. -Antonin Scalia, A matter of interpretation, p. 39
How far is Scalia’s critique justified? Do common law judges fail the purpose of a written constitution?
Dworkin’s identification of a theory of adjudication with a theory of law looks, however, very natural from the lawyer’s perspective. Lawyers’ activities, as we saw, revolve, directly or indirectly, round litigation in the courts. From the lawyer’s perspective, all the considerations pertaining to judicial reasoning are equally relevant. A lawyer has to concern himself not only with legislation and precedent but also with other considerations relevant to judicial reasoning…..yet there is something inherently implausible in adopting the lawyer’s perspective as one’s fundamental methodological stance. – Joseph Raz
Is law essentially an interpretative enterprise or is Dworkin fundamentally flawed?
Should there be a constitutional requirement for common law judges to remain consistent with their interpretative methodologies?
What is the extent to which extra-legal tools or materials be legitimately used in case of statutory and constitutional interpretation?
Welcome to Our Online Academic Writing Service. Our online assignment writing website provide various guarantees that will never be broken. No matter whether you need a narrative essay, 5-paragraph essay, persuasive essay, descriptive essay, or expository essay, we will provide you with quality papers at student friendly price.
Need Help Writing an Essay?
Tell us about your assignment and we will find the best writer for your paper.
Get Help Now!Ask for Instant Writing Help. No Plagiarism Guarantee!
