Interpretation Step Zero: A Limit on Methodology as 'Law'
13 Pages Posted: 8 Apr 2013 Last revised: 24 May 2013
Date Written: April 8, 2013
Abstract
This Comment argues that judges cannot apply a legally binding interpretive framework without first overcoming an unavoidable and often insurmountable interpretive obstacle - step zero, the initial inquiry into whether the interpretive framework applies at all. Making this step zero determination often forces judges into the middle of an intertemporal clash between a past and present legislature - a difficult lose-lose situation. This step zero problem ultimately means that binding interpretive methodologies are almost sure to unravel unless there is methodological consensus among past and future legislatures.
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