Understanding Common Law Legislation
Drafting and Interpretation
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 October 2001
- ISBN 9780199247776
- Binding Hardback
- No. of pages237 pages
- Size 225x146x20 mm
- Weight 469 g
- Language English 0
Categories
Short description:
The common law world (the Commonwealth and United States) operates through statutes applied under a uniform system, the essence of which is uniquely described in this book. Francis Bennion, the renowned Oxford don and legislative draftsman, here distills forty years of prolific writings on statute law and statutory interpretation.
MoreLong description:
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, 4th edition reissue 1995), and Bennion on Statutory Interpretation (LexisNexis Butterworths, fifth edition 2008). 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).
Francis Bennion brings with him years of experience in legislative drafting ... The treatment is uniformly illuminating, and the style is homely.
Table of Contents:
Basic concepts I: common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules
Basic concepts II: opposing constructions; literal, purposive and developmental interpretations
Grammatical and strained meanings
Consequential and rectifying constructions
Contradictory enactments and updating construction
Drafting techniques and the Interpretation Act
Transitional provisions and the Cohen question
Words in pairs
Rules of interpretation
Legal policy
Interpretative presumptions
Linguistic canons and interpretative technique
The nature of judgment
The nature of discretion
The European Union and the HRA
The jurisprudential basis of the common law method
The common law system in America
Techniques of law management
