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Being Honest About Being Honest Agents, 33 Harvard Journal of Law & Public Policy 907 (2010)

Abstract

Let me begin by saying that I am completely in favor of the proposition as stated: that judges should be the honest agents of the enacting legislature. In saying this, I first want to make a distinction between interpretation and construction. Construction is not the same thing as interpretation. Historically in our judicial system, judges have had the power to construe. Whether they should have such power and whether they should only use that power when it is delegated to them by the legislature are interesting and difficult questions.

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2010

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