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Understanding Common Law Legislation: Drafting and Interpretation

Autor F.A.R. Bennion
en Limba Engleză Paperback – 28 mai 2009

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 by common 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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Specificații

ISBN-13: 9780199564101
ISBN-10: 0199564108
Pagini: 256
Dimensiuni: 137 x 215 x 15 mm
Greutate: 0.33 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Review from previous edition This book lays down most lucidly the fundamentals of common law legislation, the drafting techniques and the interpretation principles. In his voluminous treatise on Interpretation, Bennion has seminally carved out new spheres of interpretative jurisprudence and this book could be said to be a prologue to the main treatise. It proved very useful in the course on Interpretation as not many books give the jurisprudentialfoundations of interpretation principles which it does.
Readers who have come to expect a degree of iconoclasm from Francis Bennion will not be disappointed. he includes the occasional throwaway line which reverberates. All this serves only to increase the pleasure of reading the book: it never affects the careful objectivity which Bennion brings to bear on his subject.
... fascinating and entertaining ... The text is clear and accessible, enlivened by examples and enhanced by chapter summaries.
Review from previous edition The book is based on writings which span nearly four decades. It covers not only issues relating to the enactment of common law statutes and the various rules governing their interpretation, but also legal policy, the nature of discretionary powers, the jurisprudential basis of the common law method, and techniques of law management. The treatment is uniformly illuminating and the style is homely. The author's philosophy is best summed up in his observation that, "Up and down the land, statutes are not some out of the way dusty nuisance. They are part of everyday life, and we had better understand them if we can."
Review from previous edition Bennion is one of Great Britain's leading scholars in the area of statutory construction. This is one of the best books on statutory construction that I have read.
Review from previous edition [This book] not only makes a good reading on understanding common law legislation but also delves into 'global techniques' of interpretation of statutes. It also offers a blue print of law curriculum on interpretation of statutes.

Notă biografică

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 thestatus 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.