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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
Reviews & endorsements
"As with his book The Nature and Authority of Precedent, Duxbury sheds a new and penetrating light on areas which might be thought to be familiar. Not everyone will agree with his conclusions on topics such as judicial legislation, strong judicial review and legislative intent, but all will benefit from the care with which he examines the issues, his formidable knowledge of jurisprudential and other literature and the clarity of his analysis."
Sir Ross Cranston, Judge, High Court (England and Wales), Queen’s Bench DivisionSee more reviews
"Neil Duxbury’s Elements of Legislation is an insightful study of legislation … The strength of this work lies in the provision of an historical account, interwoven with philosophical arguments, to explain the role of legislation and its judicial interpretation and application within English law."
Catharine MacMillan, Public Law
"… 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
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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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