Understanding common law legislation : drafting and interpretation

Type
Book
Authors
ISBN 10
0199247773 
ISBN 13
9780199247776 
LCCN
K 584 .B46 
DDC
328.3 
Category
Comparative Study  [ Browse Items ]
Publication Year
2001 
Pages
xxx, 237 pages 
Subject
Comparative Study 
Abstract
"There are many countries that use and apply the common law, which collectively may be called the common law world. A feature of this world is that nowadays it largely operates through statutes enacted by a country's democratic legislature, and that these mainly fall to be construed according to a uniform system of rules, presumptions, principles, and canons evolved over centuries by common law judges. The statutes subject to this interpretative regime may be called common law statutes. They are the main subject of this book, along with the said uniform system. The book distills and updates within a brief compass the author's published writings on statute law and statutory interpretation which span a period of nearly forty years, being contained in half a dozen books and many more articles. The chief books are Statute Law (Longman, Third Edition 1990), Halsbury's Laws of England, Title Statutes (Butterworths, Fourth Edition reissue 1995), and Statutory Interpretation (Butterworths, Third Edition 1997, Supplement 1999). Since its first publication in 1984, the last named work has also been updated each year in the All England Law Reports Annual Review (Butterworths)."--Jacket. 
Description
Content:
1. Basic concepts I: Common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules -- 2. Basic concepts II: Opposing constructions; literal, purposive and developmental interpretations -- 3. Grammatical and strained meanings -- 4. Consequential and rectifying constructions -- 5. Contradictory enactments and updating construction -- 6. Drafting techniques and the interpretation act -- 7. Transitional provisions and the Cohen question -- 8. Words in pairs -- 9. Rules of interpretation -- 10. Legal policy -- 11. Interpretative presumptions -- 12. Linguistic cannons and interpretative technique -- 13. The nature of judgment -- 14. The nature of discretion -- 15. The European Union and the HRA -- 16. The jurisprudential basis of the common law method -- 17. The common law system in America -- 18. Techniques of law management. 
Biblio Notes
Includes bibliographical references (223) and index.
Donated by Graham Price.  
Number of Copies

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