Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, June 25, 2015

The role of the judge

OK, I think I finally get it!  The role of the judge in constitutional interpretation is to insert into the text words that aren't there but, in the judge's opinion, should be ("abortion," "marriage," etc.).  The role of the judge in statutory construction is to remove from the text words that are there but, in the opinion of the judge, should not be. Eureka! (I must have been absent the day they taught this in law school.)


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