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Author: James Spigelman Publisher: McPherson Lecture ISBN: 9780702236877 Category : Law Languages : en Pages : 0
Book Description
"The annual McPherson Lecture Series, inspired by the famous Hamlyn Lecture Series in England, hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In this, the third, volume, The Honourable James Jacob Spigelman, considers the theme of statutory interpretation and human rights. The first of these lectures, The Common Law Bill of Rights, considers the principles of the law of statutory interpretation which constitute, in substance, a common law bill of rights. The second lecture, The Application of Quasi-constitutional Laws, considers the developing jurisprudence of the application of the special interpretive provision in human rights legislation and how the principles of statutory interpretation are applied to legislation of this character. The final lecture, Legitimate and Spurious Interpretation, considers the difficulties posed for interpretation by the need to balance conflicting human rights and the limits of interpretation. These thought-provoking and timely essays tackle an important and controversial area of law, that has real repercussions for the reputation of the law, the role of judges and the independence of the court system in Australia."--Provided by publisher.
Author: James Spigelman Publisher: McPherson Lecture ISBN: 9780702236877 Category : Law Languages : en Pages : 0
Book Description
"The annual McPherson Lecture Series, inspired by the famous Hamlyn Lecture Series in England, hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In this, the third, volume, The Honourable James Jacob Spigelman, considers the theme of statutory interpretation and human rights. The first of these lectures, The Common Law Bill of Rights, considers the principles of the law of statutory interpretation which constitute, in substance, a common law bill of rights. The second lecture, The Application of Quasi-constitutional Laws, considers the developing jurisprudence of the application of the special interpretive provision in human rights legislation and how the principles of statutory interpretation are applied to legislation of this character. The final lecture, Legitimate and Spurious Interpretation, considers the difficulties posed for interpretation by the need to balance conflicting human rights and the limits of interpretation. These thought-provoking and timely essays tackle an important and controversial area of law, that has real repercussions for the reputation of the law, the role of judges and the independence of the court system in Australia."--Provided by publisher.
Author: Ittai Bar-Siman-Tov Publisher: Springer Nature ISBN: 3030727483 Category : Law Languages : en Pages : 333
Book Description
This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.
Author: Stéphane Beaulac Publisher: ISBN: 9780433453383 Category : Civil rights Languages : en Pages : 492
Book Description
This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).
Author: Christo J. Botha Publisher: Juta and Company Ltd ISBN: 9780702159299 Category : Law Languages : en Pages : 196
Book Description
Since 1994 the new constitutional order has changed the orthodox and traditional rules of statutory interpretation. There is a new lexicon: plain language drafting and fundamental values; constitutional supremacy and human rights; accountability and transparency.
Author: Jeffrey Barnes Publisher: ISBN: 9781760022099 Category : Languages : en Pages :
Book Description
Statutory interpretation affects every area of law and is of growing scholarly interest given long-running debate about the coherence of statutory interpretation and the fact that the law of interpretation comprises 'frail guidelines'. This contributed work critically analyses the law in light of this debate. It examines areas where the law is coherent leading to confidence in the judiciary and the administration of the law. It also examines areas where the law is not coherent and is need of improvement.
Author: Lisa Burton Crawford Publisher: ISBN: 9781760021528 Category : Law Languages : en Pages : 352
Book Description
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.
Author: Francis Alan Roscoe Bennion Publisher: Butterworth-Heinemann ISBN: 9780406943057 Category : Law Languages : en Pages : 1284
Book Description
For all practitioners of law, an understanding of the meaning and interpretation of legislation is the key to professional success. The fourth edition of this work is a step-by-step guide to assessing legislative intention now completely updated to cover the implications and changes from the Human Rights Act 1988.
Author: MICHAEL. CONNOLLY Publisher: Routledge ISBN: 9780367586232 Category : Languages : en Pages : 0
Book Description
This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .
Author: Sir Rupert Cross Publisher: Lexis Pub ISBN: 9780406049711 Category : Law Languages : en Pages : 211
Book Description
"Cross: Statutory Interpretation" is a concise, systematic introduction to the general principles of statutory interpretation. This new edition provides a comprehensive analysis of the contemporary approach of English courts to the interpretation of statutes. The latest case law developments are incorporated, most importantly Pepper v Hart which has necessitated extensive changes throughout the text. This edition explores the increasing importance of developments in European law, both in EC law and its implementation in domestic law and the impact of the European Convention on Human Rights. The text also incorporates analysis of the latest significant jurisprudential literature, as well as a review of statutory drafting which contrasts the drafting of EC legislation with that of domestic law.
Author: James Spigelman
Author: James Spigelman
Author: PERRY & PRINCE HERZFELD (THOMAS.)
Author: Ittai Bar-Siman-Tov
Author: Stéphane Beaulac
Author: Christo J. Botha
Author: Jeffrey Barnes
Author: Lisa Burton Crawford
Author: Francis Alan Roscoe Bennion
Author: MICHAEL. CONNOLLY
Author: Sir Rupert Cross