4 ms·
The intent / implementation duality isn't related to Chevron or Loper Bright. That is entirely about how to interpret the implementation: to what degree, when c
by solidsnack9000 2y ago
The intent / implementation duality isn't related to Chevron or Loper Bright. That is entirely about how to interpret the implementation: to what degree, when considering alternate interpretations, do we weight the agency's own interpretation?
The intent / implementation discussion comes up when considering statutes like this:
In order to maintain our beautiful forests and meadows, the city of Little Island hereby declares these acts governing the pollution of water: ...<enumeration of acts>...
Now many years pass and all the forests are cut down and the meadows are gravel lots, buildings, &c. Is the statute no longer operative? Generally, the way laws are interpreted, the courts would say it is still operative. The alternative would make the interpretation of law quite inconsistent, because it means we are asking courts to judge many things that are not really matters of law.