This paper is published in Volume-6, Issue-5, 2020
Area
Jurisprudence and Law
Author
Priya Dharshini A.
Org/Univ
Symbiosis Law School, Pune, Maharashtra, India
Pub. Date
28 October, 2020
Paper ID
V6I5-1374
Publisher
Keywords
Benjamin Cardozo, Judicial Law Making, Purposivism, Textualism, Judicial Discretion

Citationsacebook

IEEE
Priya Dharshini A.. Encroaching the legislative field? Purposivism v. Textualism in practice: A clear distinction or a convergence of theories: Analysis of Cardozo’s Methods of statutory interpretation, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARIIT.com.

APA
Priya Dharshini A. (2020). Encroaching the legislative field? Purposivism v. Textualism in practice: A clear distinction or a convergence of theories: Analysis of Cardozo’s Methods of statutory interpretation. International Journal of Advance Research, Ideas and Innovations in Technology, 6(5) www.IJARIIT.com.

MLA
Priya Dharshini A.. "Encroaching the legislative field? Purposivism v. Textualism in practice: A clear distinction or a convergence of theories: Analysis of Cardozo’s Methods of statutory interpretation." International Journal of Advance Research, Ideas and Innovations in Technology 6.5 (2020). www.IJARIIT.com.

Abstract

The Judge laws down the law, is a statement that is more often that not under dispute. Interpretation of States has a wider connotation and an impressive history situated in the common law tradition. In certain events the judges interpret the statute as it means i.e. to the text and at others wherein there exist legislative discrepancies the judges interpret the law as per individual judicial discretion. The statement the Judge laws down the law is under dispute because it is the task of the legislative to draft the laws of a nation and that of the judiciary to implement in practice. The idea of judicial law-making albeit not ideal to separation of powers has seen a growth in recent times. This paper aims in delimiting judicial discretion as explained by Benjamin Cardozo in several of his works. While judicial discretion prima facie cannot be disputed upon but there exist limits to such discretion. This paper primarily focuses upon textualism and purposivism in the interpretation of statutes. As different they are, they also need to co-exist and operate separately at times for the functioning of the judicial machinery.
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