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Vol 21 No 10 Oct/Nov 2016

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Craies on Legislation 9th ed

Edited by: Daniel Greenberg

ISBN13: 9781847031389
New Edition ISBN: 9780414024526
Previous Edition ISBN: 0421927402
Published: August 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

A Practitioner's Guide to the Nature, Process, Effect and Interpretation of Legislation

When it comes to understanding and applying legislation of all kinds, as well as practical information about the legislative process itself, you will find the new 9th edition of Craies on Legislation contains all the information needed.

Craies on Legislation is a practical guide to the nature, process, effect and interpretation of legislation in the United Kingdom. It deals extensively with how to interpret and apply legislation for the purposes of everyday work as well as covering much more. The new edition covers questions of the timing of legislation, retrospectivity, the extent and application of legislation, the consequences of new legislation on existing law and the effect of an error in legislation.

Ensuring that you are working from the most up-to-date reference source this essential book covers acts of Parliament, rules, regulations, orders, other subordinate legislation, devolved legislation of Scotland, Wales, and Northern Ireland and European legislation.

Whether you are a solicitor, barrister, judge or studying towards your law qualification you will often be confronted with difficult questions when interpreting a piece of legislation, and this work will provide the answers to these questions. Whether you have to administer, advise or adjudicate on a piece of legislation, this book gives you the tools needed to do this successfully.

The authoritative work on the various kinds of primary and subordinate legislation:

  • The 1st Supplement was published in October 2010
  • The Main Work was published in August 2008
  • The definitive work on the various kinds of legislation giving practical guidance on how it is made, what its effect is and how it can be applied and interpreted;
  • Provides a thorough understanding of how to accurately interpret legislation and successfully apply it to every day work;
  • Gives the tools to administer, advise, argue or adjudicate on a piece of legislation;
  • Provides answers to questions that are likely to occur to the users of legislation;
  • Describes the legislative process, including important innovations such as legislative reform orders and Public Bill Committees;
  • Provides concise quotation from judicial decisions and other relevant documents;
  • Includes a practical guide to drafting, for legislative and other legal purposes;
  • Explores issues about the extent and application of legislation, including issues such as the consequences of new legislation on existing law and the effect of errors in legislation;
  • Covers questions of the timing of legislation including technical issues such as retrospectivity;
  • Covers Acts of Parliament, rules, regulations, orders, other subordinate legislation, devolved legislation of Scotland, Wales and Northern Ireland and European legislation;
  • Examines the different rules of statutory interpretation and the consequences of the Human Rights Act 1998 s.3 on statutory interpretation;
  • Looks at the consequences of the rule in Pepper v Hart and the case law developing from that decision;
  • Describes recent trends in statutory interpretation, including purposive and contextual construction;
  • Follows recent developments in particular areas of legislation, such as burdens of proof in criminal legislation and constitutional legislation;
  • Includes coverage of European legislation, including examining the nature of European legislation, its effect and interpretation documents;
Up-to-date relevant information
The new 9th edition of Craies on Legislation has been updated and includes new coverage:
  • Takes into consideration all new legal developments, in particular a considerable number of cases concerning s3 of the Human Rights Act 1998 and developments and cases around the House of Lords decision in Pepper v. Hart.
  • The material on Statutory Instruments is restructured and expanded.
Daniel Greenberg is a barrister of Lincoln's Inn, and Parliamentary Draftsman at the Office of the Parliamentary Counsel. He is also the editor of Stroud's Judicial Dictionary of Words and Phrases.

Constitutional and Administrative Law, Courts and Procedure, Statutory Interpretation and Legislative Drafting
Part 1: The Nature of Legislation
Concepts and classes
Acts of Parliament
Subordinate legislation
Devolved legislation
Part 2: The Legislative Process
Primary legislation
Subordinate legislation
Devolved legislation
Drafting of legislation
Access to legislation
Part 3: The Effect of Legislation
Extent and application
Statutory rights, powers and duties
Statutory corporations
Effect on other law
Errors in legislation
Part 4: Interpretation of Legislation
Introduction to statutory interpretation
The cardinal rule: construction according to plain meaning
Literal or purposive interpretation
Rebuttable presumptions of construction
Other canons and principles of construction
Expressions which change meaning over time
The Interpretation Act 1978
Other general interpretation provisions
Other specific interpretation provisions
Section 3 of the Human Rights Act 1998
Use of parts of legislation other than text for construction
Use of extraneous materials in construing legislation
The rule in Pepper v Hart
Interpretation of special kinds of legislation
Part 5: European Legislation
Nature of European Legislation
The legislative process
Effect and interpretation