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Author : Nancy McCormack
Publisher : Unknown
Page : 421 pages
File Size : 55,7 Mb
Release : 2017
Category : Law
ISBN : 0779880137
Author : Stéphane Beaulac
Publisher : Unknown
Page : 492 pages
File Size : 42,8 Mb
Release : 2008
Category : Civil rights
ISBN : 0433453389
This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).
Author : CHRISTOPHER. HUNT
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2018
Category : Electronic
ISBN : 0779886771
Author : Donald James Gifford,Kenneth Harril Gifford,Michael Irwin Jeffery
Publisher : Scarborough, Ont. : Carswell
Page : 0 pages
File Size : 45,5 Mb
Release : 1996
Category : By-laws
ISBN : 0459553216
Explains all the elements of a statute, and also the special rules developed by the courts in interpreting legislation.
Author : V.C.R.A.C Crabbe
Publisher : Routledge
Page : 275 pages
File Size : 45,7 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135352677
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author : Crabbe,,Crabbe
Publisher : Cavendish Publishing
Page : 259 pages
File Size : 44,9 Mb
Release : 1994-12
Category : Law
ISBN : 9781843143826
This book seeks to explain to the beginner how to understand and interpret statutes. The book starts with an explanation of the nature and purpose of an Act of Parliament, including the policy considerations that may lie behind the Act.
Author : Lawrence Solan
Publisher : University of Chicago Press
Page : 300 pages
File Size : 49,9 Mb
Release : 2010-12
Category : Language Arts & Disciplines
ISBN : 9780226767963
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Author : Robert A. Katzmann
Publisher : Oxford University Press
Page : 256 pages
File Size : 51,9 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780199362141
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author : F. A. R. Bennion
Publisher : OUP Oxford
Page : 256 pages
File Size : 44,9 Mb
Release : 2001-10-18
Category : Law
ISBN : 9780191024481
Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
Author : Peter Crawford Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1169 pages
File Size : 49,6 Mb
Release : 2017
Category : Law
ISBN : 9780190664817
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author : Pierre-André Côté
Publisher : Cownsville, Quʹebec : Editions Y. Blais
Page : 648 pages
File Size : 55,9 Mb
Release : 1991
Category : Law
ISBN : UIUC:30112054364374
Author : David Lowe (Lawyer),Charlie Potter (Lawyer)
Publisher : Unknown
Page : 272 pages
File Size : 46,7 Mb
Release : 2020
Category : Law
ISBN : 1509995552
"[This book provides a] guide to interpreting both English and European legislation of all kinds. The book can be used as a practitioner's first port of call on all matters of statutory construction. It is designed to serve as a ... reference for questions concerning sources of legislation, the anatomy and structure of differing instruments, and matters of interpretation. As well as considering how to read statutory language and the key presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise, and in what way. To this end, the book discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, EU law, and the European Convention on Human Rights (through the Human Rights Act 1998) in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law also serves as a short freestanding guide to the construction of EU instruments and treaties."--
Author : Francis Alan Roscoe Bennion
Publisher : Oxford University Press, USA
Page : 221 pages
File Size : 55,8 Mb
Release : 2009-05-28
Category : Law
ISBN : 0199564108
Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
Author : Einer Elhauge
Publisher : Harvard University Press
Page : 406 pages
File Size : 42,7 Mb
Release : 2008-02-28
Category : Law
ISBN : 0674033671
Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Author : Cameron Hutchison
Publisher : Unknown
Page : 152 pages
File Size : 44,7 Mb
Release : 2018
Category : Law
ISBN : 0433494921
"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.