Understanding Common Law Legislation: Drafting and Interpretation

Understanding Common Law Legislation: Drafting and Interpretation

by F. A. R. Bennion
Understanding Common Law Legislation: Drafting and Interpretation

Understanding Common Law Legislation: Drafting and Interpretation

by F. A. R. Bennion

Hardcover

$145.00 
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Overview

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.

Product Details

ISBN-13: 9780199247776
Publisher: Oxford University Press
Publication date: 01/17/2002
Pages: 237
Product dimensions: 5.70(w) x 8.60(h) x 0.08(d)

About the Author

The author was formerly one of the Parliamentary Counsel, responsible for drafting British legislation. His drafting work includes, among much constitutional and other legislation, the Consumer Credit Act 1974 and the Sex Discrimination Act 1975. As a constitutional lawyer, he has also advised at various times the governments of Pakistan, Ghana, Jamaica, and Gibraltar. He drafted constitutions for Pakistan (1956) and Ghana (1959-1961) on those countries attaining the status of independent republics. He was also formerly law tutor at St Edmund Hall in the University of Oxford, and is still a member of the University's law faculty.

Table of Contents

1. Basic concepts I: common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules2. Basic concepts II: opposing constructions; literal, purposive and developmental interpretations3. Grammatical and strained meanings4. Consequential and rectifying constructions5. Contradictory enactments and updating construction6. Drafting techniques and the Interpretation Act7. Transitional provisions and the Cohen question8. Words in pairs9. Rules of interpretation10. Legal policy11. Interpretative presumptions12. Linguistic canons and interpretative technique13. The nature of judgment14. The nature of discretion15. The European Union and the HRA16. The jurisprudential basis of the common law method17. The common law system in America18. Techniques of law management
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