Statutory Interpretation From the 'Stratasphere': Recent Federal Court of Appeal Cases
The Advocates' Quarterly, Forthcoming
14 Pages Posted: 27 Oct 2018
Date Written: October 4, 2018
Statutory interpretation writhes with subjectivity. Chief among the problems is the relationship between text and purpose. In the law of judicial review, when courts characterize highly abstract statutory purposes that are at odds with text, they can take an overly deferential or interventionist posture towards administrative interpretations of law. tThis paper uses two recent Federal Court of Appeal cases, Williams and Cheema, as examples of how to mediate this problem. Specifically, the cases provide a control over the tendency of courts to impose highly abstract purposes that contradict text.
Keywords: statutory interpretation; administrative law; judicial review
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