Interpreting Environmental Offences: The Need for Certainty

ISBN-13: 9781509916030 / Angielski / Miękka / 2017 / 256 str.

Emma Lees

Opis

Now available in paperback This book analyzes the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. Emma Lees proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyzes the appropriate judicial role in an area of high levels of scientific and administrative complexity. A framework for interpretation of these offences is provided. The key elements included in this framework are: the language of the provision; the harm tackled as drafted; regulatory context; explanatory notes and preamble; and, finally, purpose in a broader sense. Through this framework, a solution to the certainty problem is provided. Subject: Energy & Environmental Law, European Law]