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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.Read more
- Original perspective on the differences between judge-made and enacted law will appeal to practically-minded legal philosophers
- Sets out a clear and robust defence of the concept of legislative intent and traces the development of the main principles of statutory interpretation from the Middle Ages to the present
- Sets out arguments which will resonate with readers throughout all common law jurisdictions
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- Date Published: December 2012
- format: Paperback
- isbn: 9781107606081
- length: 262 pages
- dimensions: 227 x 152 x 12 mm
- weight: 0.43kg
- availability: In stock
Table of Contents
2. The supremacy problem
3. The quest to intellectualize statute law
4. Legislatures and intentions
5. Fidelity to text
6. Purposivism, past and present.
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