Author: Francis Alan Roscoe Bennion
Publisher:
ISBN: 9780406966483
Category : Law
Languages : en
Pages : 1284
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Book Description
For all practitioners of law, a keen and informed understanding of the meaning and interpretation of legislation is the key to professional success. This supplement to Bennion: Statutory Interpretation keeps the reader fully up-to-date with the key legislative developments since the publication of the fourth edition and includes a fully updated replacement index. It is essential reading for everyone who has to administer or advise, argue or adjudicate on Acts of Parliament and statutory instruments.
Author: Oliver Jones
Publisher:
ISBN: 9781405782319
Category : Jurisdiction
Languages : en
Pages : 0
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Book Description
This text shows how to assess legislative intention based on the binding rules, on principles derived from general policy, on presumptions as to what Parliament had in mind, and on linguistic canons of construction.
Author: Caleb Nelson
Publisher: Foundation Press
ISBN: 9781599417707
Category : Law
Languages : en
Pages : 0
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Book Description
Nelson's Statutory Interpretation aspires both to train students in the techniques of statutory interpretation and to help students think systematically about those techniques. It presents lightly edited judicial opinions in leading cases, followed by extensive notes and questions that encourage careful analysis of difficult concepts. It takes seriously both "textualist" and "intentionalist" (or "purposivist") modes of statutory interpretation ; approaches that are common at all levels of the judiciary.
Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780406980922
Category : Law
Languages : en
Pages : 244
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Book Description
Written by members of the Study of Parliament Group, this collection of essays on the law and parliament deals with subjects such as the Nolan Report, devolution and an examination of the historical relationship between Parliament and European Human Rights law.
Author: Ian McLeod
Publisher: Bloomsbury Publishing
ISBN: 1137122706
Category : Law
Languages : en
Pages : 368
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Book Description
The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Author: Oliver Jones
Publisher:
ISBN: 9781405750035
Category : Bill drafting
Languages : en
Pages : 0
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Book Description
For all practitioners of law, a keen and informed understanding of the meaning and interpretation of legislation is the key to professional success. This supplement is essential reading for everyone who has to administer or advise, argue or adjudicate on Acts of Parliament and Statutory Instruments.Bennion on Statutory Interpretation ("Bennion") was recently described by the Chief Justice of Australia as the "standard English work on the subject". It is undoubtedly widely used by practitioners and academics throughout the common law world. A significant factor in the success of Bennion has not only been its depth and breadth. It has also been the currency of the work. A key plank in ensuring that currency is the production of supplements. Since the Second Edition of Bennion, a First Supplement has been produced, on average, every two years from the publication of the relevant edition. It is necessary to maintain this average by publishing the First Supplement to the Fifth edition of Bennion in 2010. This will ground the ongoing appeal of Bennion, especially for the busy practitioner.The content of the First Supplement will resemble that of its counterparts for earlier editions. It will, therefore, contain modifications of the text of the Fifth edition to reflect:* English cases since the publication of the Fifth edition considering particular passages in Bennion* Other such cases performing statutory interpretation, at the point in the Code of Bennion to which they relate* Subsequent modifications to legislative instruments referred to in the Fifth Edition* Newly released or updated academic commentary referred to in the Fifth editionThe First Supplement will also contain a Replacement Index covering the Fifth edition and the First Supplement.It is anticipated that the ground so covered by the First Supplement will be substantial. English courts are performing statutory interpretation, including by reference to Bennion, on a daily basis. It is inevitable that there will be a large body of case law to consider since the publication of the Fifth edition, which stated the law as at 31 March 2007. Parliament and its delegates have been at least equally prolific in making and amending legislative instruments and this will also need to be scrutinised.There are some readily apparent examples of judicial and legislative developments since the Fifth edition. The House of Lords discussed the use of legislative history, particularly debates in Parliament, under its decision in Pepper v Hart [1993] AC 593, in R v JTB [2009] 2 WLR 1088. In line with the attitude of Bennion to Pepper, Lord Hoffman criticised the consequences of the decision in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38. On the legislative front, the Companies Act 2006 (UK) has progressively come into force since 2007 and cases concerning its meaning are arising. There may need to be cross-referencing for any provisions of company law referred to in the Fifth edition and now superseded, as well as discussion of the resulting cases.
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author: Francis Alan Roscoe Bennion
Publisher:
ISBN:
Category : Jurisdiction
Languages : en
Pages :
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Book Description
Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025763
Category : Law
Languages : en
Pages : 241
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Book Description
If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Author: Eirik Bjørge
Publisher:
ISBN: 0198716141
Category : Law
Languages : en
Pages : 241
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Book Description
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
