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Vol 21 No 11 Nov/Dec 2016

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Bennion on Statutory Interpretation 6th ed with 1st Supplement


ISBN13: 9781474303156
Previous Edition ISBN: 9781405765701
To be Published: December 2017
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback & Supplement
Price: £450.00



Bennion on Statutory Interpretation is the leading work on the interpretation of legislation and essential reading for all those who practise law, whether drafting legislation, administering it, advising on it or arguing it in court.

The Sixth edition has been extensively revised and updated to ensure that it remains the seminal work on statutory interpretation for the modern-day practitioner.

The work explains clearly and concisely how to extract the relevant interpretative factors in deciding the legal meaning and effect of all types of legislation. The provision of checklists helps to ensure that no argument is overlooked. Critical issues such as how to assess legislative intent are examined. A framework is provided which enables the reader to interpret legislation accurately and confidently.

What’s new for this edition?

  • References to wide range of judicial approval of commentary in BSI from across the common law world
  • Extensive citation of developments in the Commonwealth, including as to doctrine of judicial notice and the Barras principle
  • Revision of commentary regarding mandatory / directory distinction, rule in Pepper v Hart and principle of legality
  • Consideration of judicial correction of drafting errors under the Inco Europe principle
  • Re-examination of law of repeals and retrospectivity, including implied repeals, accrued rights and objectionable retrospectivity
  • Analysis of academic articles, including on proposed revival of equitable interpretation of statutes
  • Reappraisal of intersection of international and domestic law
  • Concentration of commentary on European law
  • Consideration of pronouncements of Supreme Court of United Kingdom on general themes in statutory interpretation, including Cusack v London Borough of Harrow [2013] UKSC 40
The Sixth edition will be kept up to date by supplements as and when required.

Subjects:
Courts and Procedure, Statutory Interpretation and Legislative Drafting
Contents:
1. Interpreter, Instrument and Enactment
2. The Legal Meaning of an Enactment
3. Rules of Construction
4. Interpretative Principles Derived from Legal Policy
5. Interpretative Presumptions Based on the Nature of Legislation
6. Linguistic Canons of Construction
7. Europe

Appendix A - Court Technique
Appendix B - Checklist of Interpretative Criteria
Appendix C - Consolidated and fully up to date text of the Interpretation Act 1978
Appendix D - Appendix to the White Paper on the Interpretation Act 1978
Appendix E - List of Terms
Appendix F - Consolidated and fully up to date text of the Human Rights Act 1998
Appendix G - Headings, Sidenotes etc
Appendix H - Some responses to Code s288 (Updating Construction)
Appendix I - Official Guide to European Union legislative drafting