Theories of Statutory Interpretation - Law Assignment Help

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?

This  Law Assignment has been solved by our Law Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment Experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.