Curious - what factors other than the text are used to determine the intent of the legislation? In Australia, there's the common law rule - basically,
Posted by
Roger More (aka rogermore)
Mar 7 '18, 10:17
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that the court will give effect to the purpose of the rule, and that in making a law, the court assumes the legislature is assumed to have acted reasonably with an eye to the big picture.
And also the court can also be guided by extrinsic materials, like explanatory memoranda, second reading speeches, etc - though this is a more recent thing.
I'm assuming it's different in the US though, because of the clean break with Britain, the respect that has to be paid to the founding fathers, the influence of originalist thought, etc.
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