(11-25-2019, 04:39 AM)Bleakfoot Wrote: (11-24-2019, 04:39 PM)Belschaft Wrote: The problem with relying on intent is that it's pretty common for people to disagree on what the intent was.
It's not necessarily about "relying" on intent, but about having regard to it, particularly where a strict literal interpretation of the legislation would produce an undesirable or counterintuitive outcome.
It is actually pretty common in English law (and probably other common law jurisdictions as well, though I'm less familiar with those) for courts to examine the intention of Parliament in order to resolve the meaning of a disputed clause in legislation. Items such as transcripts of parliamentary debates where the clause was discussed can be admissible as evidence. Fortunately we have an archive of debate threads that could be put to a similar purpose.
And our Court does that, but only if the common sense reading of the text produces an absurdity.
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