Elements of Legislation

ISBN-13: 9781107021877 / Angielski / Twarda / 2012 / 256 str.

Neil Duxbury

Opis

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of statutory interpretation.

Recenzje

'… the editors of the series in which the book appears confidently assert that 'This book will raise the standard of debate about the making and interpretation of legislation.' They could not be more correct.' Maksymillian Del Mar, Cambridge Law Journal

Spis treści

1. Introduction; 2. The supremacy problem; 3. The quest to intellectualize statute law; 4. Legislatures and intentions; 5. Fidelity to text; 6. Purposivism, past and present.