Understanding Common Law Legislation Drafting and Interpretation

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  • Format: Paperback
  • Copyright: 2009-08-03
  • Publisher: Oxford University Press

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Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries bycommon law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.

Author Biography

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 currently a Research Associate of the University of Oxford Centre for Socio-Legal Studies.

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
Table of Contents provided by Publisher. All Rights Reserved.

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