UNDERSTANDING COMMON LAW LEGISLATION DRAFTING AND INTERPRETATION

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Understanding Common Law Legislation

Author : F. A. R. Bennion
ISBN : 9780191024481
Genre : Law
File Size : 67.85 MB
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Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
Category: Law

Understanding Common Law Legislation

Author : Francis Alan Roscoe Bennion
ISBN : 0199247773
Genre : Law
File Size : 59.79 MB
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Common law largely operates through statutes enacted by democratic legislature, and these mainly fall to be construed according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges.
Category: Law

The English Legal System

Author : Gary Slapper
ISBN : 9781351967075
Genre : Law
File Size : 42.28 MB
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Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Trusted by generations of academics and students, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System has been substantially updated. Slapper & Kelly can always be relied upon for accurate and reliable coverage of all of the latest developments which impact on the legal system in England and Wales. Key learning features include: useful chapter summaries which act as a good check point for students ‘food for thought’ questions at the end of each chapter to prompt critical thinking and reflection sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this ever-evolving subject.
Category: Law

Enhancing Legislative Drafting In The Commonwealth

Author : Helen Xanthaki
ISBN : 9781317638407
Genre : Law
File Size : 46.54 MB
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The quality of legislation within the Commonwealth is an essential element of democracy and the rule of law. Although a neglected territory until recently, the legislative drafting debate is at the forefront of academic and professional fora at a Commonwealth and at a national level. This book brings to light the academic foundations of legislative quality and the many recent innovations deriving from Commonwealth jurisdictions. This book was based on a special issue of the Commonwealth Law Bulletin.
Category: Law

The Judge In A Democracy

Author : Aharon Barak
ISBN : 9781400827046
Genre : Law
File Size : 23.96 MB
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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Category: Law

Legislative Drafting

Author : V. C. R. A. C. Crabbe
ISBN : 9781135318093
Genre : Law
File Size : 77.47 MB
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First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.
Category: Law

Principles Of Legislative And Regulatory Drafting

Author : Ian McLeod
ISBN : 9781847315410
Genre : Law
File Size : 78.24 MB
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Principles of Legislative and Regulatory Drafting provides a succinct guide to an area of law and practice which has previously been poorly served by English textbooks. It explains how drafters can convert legislative and regulatory policy into a form which has the desired effect in the most direct and accessible way. On the basis that those who seek to communicate must be conscious of how their words will be read, it includes a chapter on interpretation. Other chapters include the nature of drafting instructions (including ethical considerations), the general principles of drafting, the protection of human rights, the creation of statutory corporations and schemes of licensing, subordinate legislation, and the creation of criminal offences. The principles and skills of drafting are very largely common to both the legislative and regulatory fields, but the book draws attention to areas in which significant differences arise. Extracts from the Interpretation Act 1978 and the European Convention on Human Rights are included as Appendices. The book provides an invaluable introduction for those engaged in legislative and regulatory drafting, while also being useful to anyone who is interested in the creation and interpretation of legislative and regulatory texts.
Category: Law

Statutory Interpretation

Author : Ruth Sullivan
ISBN : STANFORD:36105062953224
Genre : Law
File Size : 56.47 MB
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This book deciphers the often confusing and contradictory rules for interpreting legal documents and explains the way these rules relate to each other. The book goes beyond the content of the rules and focuses on their strategic use in constructing arguments and justifying outcomes.
Category: Law

Statutory Construction And Interpretation

Author :
ISBN : 9781587332135
Genre : Law
File Size : 25.77 MB
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This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
Category: Law