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Craies on Legislation

Craies on Legislation
12th Edition, Mainwork & 2nd Supplement
ISBN:  9780414101494
Published by:  Sweet & Maxwell
Publication Date:  18 Oct 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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PRODUCT DESCRIPTION

Craies on Legislation is the complete practitioners' guide to the nature, process, effect and interpretation of legislation. It is regularly cited to and by the higher courts, and it is relied upon by lawyers in the public and private sectors for shedding light on the widest range of questions in relation to how legislation is made, applied, challenged and interpreted.
The 12th Edition covers: the classification of primary, subordinate and a growing range of quasi-legislation; the potential of and constraints on all kinds of legislation, including devolved legislation; the legislative process for all kinds of legislation; drafting of different kinds of legislation; explanatory material (including Explanatory Notes and Pepper v Hart); issues of effect from timing and application, the exercise of statutory functions, statutory corporations, effect on other law and errors in legislation (including an account of increasing judicial activism in rectification); the rules, presumptions and canons and principles of statutory interpretation; and a discussion of the effects of EU legislation in UK law.
Key highlights of 1st Supplement to 12th Edition:
  • Coverage of new developments across the whole range of core legislation issues, including breadth of powers, strict liability in crime, role of quasi-legislation, anticipatory and retrospective legislation, breadth of Ministerial powers, and presumptions of construction
  • Discussion of new legislative environmental law statements under Environment Act 2021
  • The effect of Charities Act 2022 on subordinate and quasi-legislation relating to charities
  • Critique of newly published review of subordinate legislation process

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CONTENTS

  • Concepts and classes; 
  • Acts of Parliament; 
  • Subordinate legislation; 
  • Devolved legislation; 
  • Primary legislation;  
  • Subordinate legislation; 
  • Devolved legislation; 
  • Drafting of legislation; 
  • Access to legislation; 
  • Timing; 
  • Extent and application; 
  • Statutory rights, powers and duties; 
  • Statutory corporations; 
  • Effect on other law; 
  • Errors in 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; 
  • Nature of European Legislation; 
  • The legislative process; 
  • Effect and interpretation; 
  • Appendix Extracts and Appendices

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