Elements of Legislation
Cambridge University Press, 11/1/2012
EAN 9781107606081, ISBN10: 110760608X
Paperback, 266 pages, 22.8 x 15.2 x 1.5 cm
Language: English
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.
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.
Advance praise: '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 Division