Legislative Intentions, Legislative Supremacy, and Legal Positivism

Abstract

In this Article, the Author argues that the debate about the reality of legislative intentions and their utility in statutory interpretation is much more important than is generally realized. Its outcome could affect both the constitutional doctrine of legislative supremacy and the philosophy of legal positivism. Briefly stated, his argument will be that, for practical reasons, skepticism about legislative intentions threatens to undermine the doctrine of legislative supremacy.