Millar v Taylor as a Precedent for Statutory Interpretation
| dc.contributor.author | Magyar, JJ | |
| dc.contributor.orcid | Magyar, John [0000-0003-3721-9658] | |
| dc.date.accessioned | 2018-09-10T22:16:36Z | |
| dc.date.available | 2018-09-10T22:16:36Z | |
| dc.description.abstract | It is commonly believed that the rule forbidding recourse to legislative historyi as an aid to statutory interpretation began in 1769 with the case of Millar v Taylor.ii Justice Frankfurter’s view is representative: In Millar v. Taylor the principle of construction was laid down in words, which have never, so far as I know, been seriously challenged, by Willes J. as long ago as in 1769: ‘The sense and meaning of an Act of Parliament must be collected from what it says when passed into law; and not from the history of changes it underwent in the house where it took its rise.’(Frankfurter, 1947: 540–41) This claim has been repeated by scholars such as Odgers, Craies, Bennion, Vogenaur (Bennion, 1993: 151; Craies and Hardcastle, 1907: 122; Odgers, 1939: 219; Vogenauer, 2001: 671), and relatively recently by Scalia and Garner, who eloquently restated the basic understanding: "In English practice, a complete disregard of legislative history remained the firm rule from 1769 when it was first announced, until 1992, when the House of Lords changed the practice." (Scalia and Garner, 2012: 369) | |
| dc.identifier.doi | 10.17863/CAM.27417 | |
| dc.identifier.issn | 0308-6569 | |
| dc.identifier.uri | https://www.repository.cam.ac.uk/handle/1810/280053 | |
| dc.language.iso | eng | |
| dc.publisher | SAGE Publications | |
| dc.title | Millar v Taylor as a Precedent for Statutory Interpretation | |
| dc.type | Article | |
| dcterms.dateAccepted | 2018-07-06 | |
| prism.publicationName | Common Law World Review | |
| rioxxterms.licenseref.startdate | 2018-07-06 | |
| rioxxterms.licenseref.uri | http://www.rioxx.net/licenses/all-rights-reserved | |
| rioxxterms.type | Journal Article/Review | |
| rioxxterms.version | AM |
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