Strategic Statutory Interpretation by Administrative Agencies

Posted: 26 Apr 2010

See all articles by Yehonatan Givati

Yehonatan Givati

Hebrew University of Jerusalem - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: spring 2010

Abstract

Many statutes are administered by administrative agencies. This paper shows that, when interpreting an ambiguous statute, administrative agencies choose between two strategies of statutory interpretation: the risky strategy, a relatively aggressive interpretation that provokes an appeal by the firm; and the safe strategy, a relatively nonaggressive interpretation that the firm complies with. The paper also shows that a change in the level of judicial deference may result in a shift from the risky strategy to the safe one, or vice versa. Therefore, contrary to the commonly held view, an increase in the level of judicial deference may result in agencies choosing a less aggressive statutory interpretation, and in more court decisions reversing agencies’ statutory interpretation.

Keywords: D02, D73, D78, K23

Suggested Citation

Givati, Yehonatan, Strategic Statutory Interpretation by Administrative Agencies (spring 2010). American Law and Economics Review, Vol. 12, Issue 1, pp. 95-115, 2010, Available at SSRN: https://ssrn.com/abstract=1593915 or http://dx.doi.org/ahp017

Yehonatan Givati (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Jerusalem
Mount Scopus, 91905
Israel

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
385
PlumX Metrics