Asif Hameed, ‘Modern Textualism and the Challenge of Conflicting Statutes’

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.

Hameed, Asif, Modern Textualism and the Challenge of Conflicting Statutes (October 16, 2021).

First posted 2021-11-22 12:00:04

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