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Elements of Legislation

Elements of Legislation

Elements of Legislation

Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 9781107606081
Published In: November 2012
Format: Paperback , 272 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• 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

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.

Neil Duxbury
London School of Economics and Political Science

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