Document Type
Article
Publication Date
1994
Abstract
In this comparative analysis, William S. Jordan III explores the use of legislative history in statutory interpretation by contrasting American judicial practice with the more restrictive approach traditionally followed in English courts. Jordan examines the theoretical underpinnings and practical consequences of both systems, particularly in light of the U.S. judiciary’s reliance on committee reports, floor debates, and other legislative materials to ascertain congressional intent. He critiques the inconsistencies and potential manipulability of legislative history in the U.S. context, while also considering the constraints and clarity offered by the English model, which emphasizes textualism and limits extrinsic evidence. The article ultimately questions the reliability and desirability of legislative history as a tool for statutory interpretation and encourages a reevaluation of its role in American jurisprudence, informed by foreign practice.
Publication Title
University of San Francisco Law Review
Volume
29
First Page
1
Recommended Citation
Jordan III, William S., "Legislative History and Statutory Interpretation: The Relevance of English Practice" (1994). Akron Law Faculty Publications. 456.
https://ideaexchange.uakron.edu/ua_law_publications/456