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Is the rule of statutory interpretation are a sham or the only real rule is discretion?
Wiki User
∙ 15y ago
all the rules are pretty much extensions of common sense, so you don't really need to cite a formal rule to convince a judge where the judge gets the common sense principle you are arguing. i don't think there's any unfettered discretion though. common sense rules crytallized into rules of stat interp do guide judges to a great degree, although where there could be more than one rule applied to a given text, the discretion of the judge kicks in.
Wiki User
∙ 15y ago
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