Craies on Statute Law PDF Download
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 640
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 640
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Book Description
Author: Crabbe
Publisher: Cavendish Publishing
ISBN: 1843143534
Category : Law
Languages : en
Pages : 319
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Book Description
Legislative drafting is dealt with from the standpoint of the practitioner and Parliamentary Counsel as well as from the angle of the problems which face judges in the construction of statutes. The conventions and presumptions of legislative drafting is covered including the importance of the legislative sentence. Constitutional problems affecting the legality of legislation are also dealt with. Subsidiary legislation is tackled and help is given in respect of offences and penalties,consolidation, codification, statute law revision, law reform, parliamentary procedure and rules of interpretati.
Author: DANIEL. GREENBERG
Publisher:
ISBN: 9780414109292
Category :
Languages : en
Pages :
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Book Description
Author: Daniel Greenberg
Publisher:
ISBN: 9780414065789
Category : Law
Languages : en
Pages : 1261
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Book Description
Author: Charles J. G. Sampford
Publisher: Oxford University Press on Demand
ISBN: 9780198252986
Category : Law
Languages : en
Pages : 308
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Book Description
However controversial, retrospective rule-making is not at all uncommon, and has been used by governments of all political persuasions for a number of applications. This text looks at the various ways in which laws may be seen as retrospective, as well as analysing the problems in defining retrospectivity.
Author: William Feilden Craies
Publisher: London : Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 772
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Book Description
Author: V.C.R.A.C Crabbe
Publisher: Routledge
ISBN: 1135352674
Category : Law
Languages : en
Pages : 275
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Book Description
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author: Crabbe,
Publisher: Cavendish Publishing
ISBN: 1843143828
Category : Law
Languages : en
Pages : 259
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Book Description
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author: Dennis Charles Pearce
Publisher:
ISBN: 9780409336955
Category : Law
Languages : en
Pages : 496
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Book Description
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.
Author: Ben Juratowitch
Publisher: Bloomsbury Publishing
ISBN: 1847314104
Category : Law
Languages : en
Pages : 270
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Book Description
This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
