There are many countries that use and apply the common law, which collectively may be called the common law world. A feature of this world is that nowadays it largely operates through statutes enacted by a country's democratic legislature, and that these mainly fall to be construed according to a uniform system of rules, presumptions, principles, and canons evolved over centuries by common law judges. The statutes subject to this interpretative regime may be called common law statutes. They are the main subject of this book, along with the said uniform system. The book distils and updates within a brief compass the author's published writings on statute law and statutory interpretation.
Table Of Contents:
Introductory
CHAPTER I :
Basic concepts I: common law statutes; the enactment; legal meaning;factual outline and legal thrust; implied ancillary rules
CHAPTER II :
Basic Concepts II: opposing constructions; literal, purposive and development Interpretations
CHAPTER III :
Grammatical and strained meanings
CHAPTER IV :
Consequential and rectifying constructions and Legal Duties
CHAPTER V :
Contradictory enactments and updating construction
CHAPTER VI :
Drafting techniques and the Interpretation Act
CHAPTER VII :
Transitional provisions and the Cohen question
CHAPTER VIII :
Words in pairs
CHAPTER IX :
Rules of interpretation
CHAPTER X :
Legal Policy
CHAPTER XI :
Interpretative presumptions
CHAPTER XII :
Linguistic canons and interpretative technique
CHAPTER XIII :
The nature of judgment
CHAPTER XIV :
The nature of discretion
CHAPTER XV :
The European Union and the HRA
CHAPTER XVI :
The jurisprudential basis of the common law method