Thring's Practical Legislation

Thring's Practical Legislation
Author: Henry Thring
Publisher: Luath Press Ltd
Total Pages: 97
Release: 2020-12-11
Genre: Law
ISBN: 1910324744

How do you go about drafting an Act of Parliament? In this classic text, Lord Thing, the great Victorian Parliamentary Counsel, sets out the basic rules of the art and craft of creating legislation. Operating in a field where there are no concrete rules, Thring saw the need to formulate general rules of guidance for those inexperienced in the art of legislative drafting and published his work following his appointment as First Parliamentary Counsel. Much of what he says remains relevant now and so, this new edition presents it to a modern readership.

Drafting Legislation

Drafting Legislation
Author: Constantin Stefanou
Publisher: Routledge
Total Pages: 352
Release: 2016-05-13
Genre: Law
ISBN: 1317148266

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.

The Form of Legislation and the Rule of Law

The Form of Legislation and the Rule of Law
Author: Ronan Cormacain
Publisher: Bloomsbury Publishing
Total Pages: 327
Release: 2022-12-22
Genre: Law
ISBN: 1509938079

What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.

The EU Better Regulation Agenda

The EU Better Regulation Agenda
Author: Sacha Garben
Publisher: Bloomsbury Publishing
Total Pages: 361
Release: 2018-05-17
Genre: Law
ISBN: 1509917357

Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.

Judicial Approach to Interpretation of Constitution

Judicial Approach to Interpretation of Constitution
Author: Ijaiya, Hakeem Olasunkanmi
Publisher: Malthouse Press
Total Pages: 219
Release: 2017-05-05
Genre: Law
ISBN: 9789584466

This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.

Empire and Legal Thought

Empire and Legal Thought
Author: Edward Cavanagh
Publisher: BRILL
Total Pages: 633
Release: 2020-05-25
Genre: Law
ISBN: 9004431241

Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.

Modern Statutory Interpretation

Modern Statutory Interpretation
Author: Jeffrey Barnes
Publisher: Cambridge University Press
Total Pages: 817
Release: 2023-01-10
Genre: Law
ISBN: 1108896766

Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I-III introduce foundational matters, Parts IV-VII deal with the general principles of interpretation, and Part VIII examines special interpretative issues. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers, and students undertaking advanced courses in statutory interpretation in Australia.

The Encyclopaedia Britannica

The Encyclopaedia Britannica
Author: Hugh Chisholm
Publisher:
Total Pages: 1116
Release: 1911
Genre: Encyclopedias and dictionaries
ISBN:

This eleventh edition was developed during the encyclopaedia's transition from a British to an American publication. Some of its articles were written by the best-known scholars of the time and it is considered to be a landmark encyclopaedia for scholarship and literary style.