John J. Magyar (University of Western Ontario, Faculty of Law) has posted Originalism and Dynamism – An Ideological Divide on SSRN. Here is the abstract:
- This paper is an exploration of statutory interpretation. It surveys the basic issues surrounding the interpretation of statutes with an emphasis on the ideological division between those who prefer strict interpretation and those who prefer that judges use discretion when interpreting statutes to vary the meaning of the text. The basic premise is that both sides of the debate have good reasons to support their beliefs. It is argued that through the inconsistent use of the tools of statutory interpretation, the courts are pleasing both camps some of the time and neither camp all of the time. From a functional perspective, the result is a system that is perceived as being flawed but remains legitimate in the eyes of the Canadian people in general and this enables the court to achieve the goal of enforcing law and order.