Understanding Common Law Legislation: Drafting and Interpretation

Paperback | December 31, 2010

byF.A.R. Bennion

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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.

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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 Benni...

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 Pakis...
Format:PaperbackDimensions:268 pages, 8.5 × 5.43 × 0.07 inPublished:December 31, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199564108

ISBN - 13:9780199564101

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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

Editorial Reviews

`... fascinating and entertaining ... The text is clear and accessible, enlivened by examples and enhanced by chapter summaries.'New Law Journal, 8 Feb 2002