Legal History

Elements of Legislation

By Neil Duxbury
Cambridge University Press November 2012

Specifications

ISBN-13
9781107606081
Publisher
Cambridge University Press
Publication
November 2012
Format
Paperback , 272 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

• 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

Table of Contents

1. Introduction;

2. The supremacy problem;

3. The quest to intellectualize statute law;

4. Legislatures and intentions;

5. Fidelity to text;

6. Purposivism, past and present.

About the Author

Neil Duxbury
London School of Economics and Political Science

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