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Vol 23 No 7 July/August 2018

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Cover of Housing Allocations and Homelessness: Law and Practice

Housing Allocations and Homelessness: Law and Practice

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Understanding Legislation: A Practical Guide to Statutory Interpretation


ISBN13: 9781849466417
Published: April 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



In stock.

Also available as
£58.50
+ £11.70 VAT

Understanding Legislation provides a practical 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 succinct and authoritative point of 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, it 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.

Subjects:
Statutory Interpretation and Legislative Drafting
Contents:
1. Introduction to Domestic Legislation: Statutes and Subordinate Legislation
2. Anatomy and Structure of Domestic Legislation
3. Core Principles and Approach
4. General Presumptions as to the Intended Effect of Legislation
5. Interaction of Legislation
6. Internal Aids to Interpretation
7. External Aids to Interpretation
8. The Interpretation Act 1978
9. The Effect of International Law on Domestic Legislation
10. Impact of the Human Rights Act 1998: Sections 3 and 4
11. Sources of EU Law and the Nature, Anatomy and Structure of EU Legislation
12. Interpretation of EU Law and its Effect on Domestic Legislation
13. Research Tools and Works of Reference
14. Checklist: Practical Considerations