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However, Mead also leaves open the possibility that other, unspecified factors might disclose a legislative intention to delegate interpretive lawmaking power to an agency outside those safe harbors.
If the meaning of the act were not otherwise plain, this interpretation would be a useful guide to the ascertainment of the legislative intention.
But deletion or rejection of a proposed amendment is not strong evidence of legislative intention; the reasons for deletion may be any of a great number, not the least frequent of which is that the suggestion is redundant.
We therefore concur in the view of the court below that it was not the legislative intention, in the enactment of this statute, to impinge upon interstate commerce, or to interfere with it in any way whatever; and that the statute, when fairly construed, does not in any manner interfere with interstate commerce.
Apart from the question of the constitutional validity of an enactment of that sort, it is enough to say that such a legislative intention should be found in some definite and unmistakable expression.' NLRB v. Fansteel Corp., 306 U.S. 240, 255, 59 S.Ct.
If as Chevron suggests, an administrative statute's indeterminacy presumptively reflects a legislative intention to delegate broad policy-making discretion to the responsible agency, then the reviewing court's use of legislative history to narrow that discretion contradicts the implemental design of the statute by narrowing the delegation effectuated by the text.
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According to the authors, the resultant findings show, inter alia, that some interpretive approaches cannot be squared with legislative intentions while others nicely reflect such intentions.
The government has been accused of putting out mixed messages when it comes to its legislative intentions around encryption, with the Prime Minister last year appearing to suggest he wanted to ban encryption, before apparently backpedaling.
If so, the convention is vindicated by considerations other than itself, and this holds for any similar factor (see Dworkin 1985 , 1986regarding legislative intentions; Greenberg 2004 regarding any aspect of the practice that concerns the relevance of other aspects).
Healthcare staff at IVF clinics play an important role in implementing legislative intentions in clinical practice, and staff attitudes towards disclosure may have an impact on the advice they give to couples undergoing donation treatment.
When the literal application of a statute would produce a result "demonstrably at odds with the intentions of its drafters," the actual legislative intent must control our disposition.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com