Understanding Legislation: A Practical Guide to Statutory Interpretation
Autor David Lowe, Charlie Potteren Limba Engleză Hardback – 19 apr 2018
Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. It is designed to serve as a succinct and authoritative point of reference for questions concerning sources of legislation, the anatomy and structure of differing instruments and matters of interpretation. As well as considering how to read statutory language, and the key principles and presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise and in what way. To this end, it discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, the European Convention on Human Rights (through the Human Rights Act 1998) and EU law in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law will also serve as concise freestanding guidance as to the sources of EU law, the construction of EU legislation and the construction of treaties.
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Specificații
ISBN-13: 9781849466417
ISBN-10: 1849466416
Pagini: 336
Dimensiuni: 164 x 236 x 24 mm
Greutate: 0.64 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1849466416
Pagini: 336
Dimensiuni: 164 x 236 x 24 mm
Greutate: 0.64 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Cuprins
1. Introduction to Domestic Legislation: Statutes and Subordinate Legislation
2. Anatomy and Structure of Domestic Legislation
3. Core Principles and Approach
4. General Presumptions as to the Intended Effect of Legislation
5. Interaction of Legislation
6. Internal Aids to Interpretation
7. External Aids to Interpretation
8. The Interpretation Act 1978
9. The Effect of International Law on Domestic Legislation
10. Impact of the Human Rights Act 1998: Sections 3 and 4
11. Sources of EU Law and the Nature, Anatomy and Structure of EU Legislation
12. Interpretation of EU Law and its Effect on Domestic Legislation
13. Research Tools and Works of Reference
14. Checklist: Practical Considerations
2. Anatomy and Structure of Domestic Legislation
3. Core Principles and Approach
4. General Presumptions as to the Intended Effect of Legislation
5. Interaction of Legislation
6. Internal Aids to Interpretation
7. External Aids to Interpretation
8. The Interpretation Act 1978
9. The Effect of International Law on Domestic Legislation
10. Impact of the Human Rights Act 1998: Sections 3 and 4
11. Sources of EU Law and the Nature, Anatomy and Structure of EU Legislation
12. Interpretation of EU Law and its Effect on Domestic Legislation
13. Research Tools and Works of Reference
14. Checklist: Practical Considerations
Recenzii
[W]ell written ... well organised and accessible. A must-have for law undergraduates and postgraduates and for practitioners.
[A] commendably concise, well-organised and clearly structured book that will operate as an invaluable introduction to all of the core issues of statutory interpretation. The book can, and indeed should, genuinely be read cover to cover to provide an overview of the core ideas and the trends of the case law, without losing one's way in a morass of historical and unhelpful detail... as an unparalleled practical introduction to one of the truly essential subjects, every public lawyer should own Understanding Legislation.
[A] commendably concise, well-organised and clearly structured book that will operate as an invaluable introduction to all of the core issues of statutory interpretation. The book can, and indeed should, genuinely be read cover to cover to provide an overview of the core ideas and the trends of the case law, without losing one's way in a morass of historical and unhelpful detail... as an unparalleled practical introduction to one of the truly essential subjects, every public lawyer should own Understanding Legislation.