Modern Textualism and the Challenge of Conflicting Statutes

30 Pages Posted: 20 Nov 2021

See all articles by Asif Hameed

Asif Hameed

Southampton Law School, University of Southampton

Date Written: October 16, 2021

Abstract

How should judges interpret statutes? Sophisticated arguments and expansive programmes have been developed in modern textualist writing with the aim of guiding judges on the practical queries and challenges that they face. One issue has however received reduced treatment: how textualist-minded judges should address conflicts between rules derived from different statutes. We discuss how this issue has been overlooked and evaluate key responses – judicial and legislative – that textualists may seek to promote.

Keywords: textualism, interpretation, judges, statutes, conflicts

JEL Classification: K00, K10, K19, K30, K39, K40, K49

Suggested Citation

Hameed, Asif, Modern Textualism and the Challenge of Conflicting Statutes (October 16, 2021). Available at SSRN: https://ssrn.com/abstract=3943892 or http://dx.doi.org/10.2139/ssrn.3943892

Asif Hameed (Contact Author)

Southampton Law School, University of Southampton ( email )

University Rd.
Southampton SO17 1BJ, Hampshire SO17 1LP
United Kingdom

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