Open AccessWhich <i>Kraft</i> of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law
Author(s) -
Cameron J. Hutchison
Publication year - 2008
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr237
Subject(s) - statutory interpretation , statute , law , statutory law , supreme court , trilogy , legislative intent , legislature , political science , interpretation (philosophy) , legislation , judicial interpretation , discretion , intellectual property , normative , common law , sociology , law and economics , philosophy , computer science , linguistics , artificial intelligence
The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, whereby courts analogize the facts before them with certain paradigm cases. This methodology serves to constrain judicial discretion and enables courts to fill gaps in legislation in connection with novel cases.