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The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez
The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez
Vanderbilt Law Review
The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …
Judicial Review And Party Politics, Wallace Mendelson
Judicial Review And Party Politics, Wallace Mendelson
Vanderbilt Law Review
It has been suggested that intrusion upon legislative policy by judicial review "is a consequence of that fragmentation of political power which is normal in the United States. No cohesive majority,such as normally exists in Britain, would permit a politically irresponsible judiciary to usurp decision--making [policy] functions, but, for complex social and institutional reasons, there are few issues in the United States on which cohesive majorities exist." When they do exist, as in the recent tidal wave of anti-communism, the Supreme Court is not apt to test its strength against them. Rather it practices a judicious self-restraint. Distinguishing between parliamentary …