Statutes and Statutory Interpretation (LAW445H1S)

So much of law school, especially the first year curriculum, emphasizes the common law dynamics of legal argument, reasoning and doctrine. And yet, since the 20th century, Common Law jurisdictions have witnessed a dramatic rise in legislative enactments and regulation that courts are often required to interpret. Statutes, as products of a democratic process of legislative drafting and consensus, introduces into both the classroom and judiciary, a whole host of question and concerns about the nature of law in the modern state, the dynamics of judicial review, and the relationship between law and democratic politics. This course will concentrate on the fundamental role of statutes in our legal system (and their relationship to the Common Law), examine the distinct and often contrary interpretive approaches to statutory analysis, and introduce students to the art of legislative drafting.