The Interpretation Of Legislation In Canada
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Author |
: Pierre-André Côté |
Publisher |
: |
Total Pages |
: 811 |
Release |
: 2011 |
ISBN-10 |
: 2896354565 |
ISBN-13 |
: 9782896354566 |
Rating |
: 4/5 (65 Downloads) |
Synopsis The Interpretation of Legislation in Canada by : Pierre-André Côté
Divided into two parts, the book begins with an analysis of the roles played by the structure and operation of statutes in their interpretation. The second part delves into the methods of interpretation: grammatical, systematic and logical, purposive, historical, pragmatic and interpretation by authorities.
Author |
: Stéphane Beaulac |
Publisher |
: |
Total Pages |
: 492 |
Release |
: 2008 |
ISBN-10 |
: 0433453389 |
ISBN-13 |
: 9780433453383 |
Rating |
: 4/5 (89 Downloads) |
Synopsis Handbook on Statutory Interpretation by : Stéphane Beaulac
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 |
: |
Total Pages |
: |
Release |
: 2018 |
ISBN-10 |
: 0779886771 |
ISBN-13 |
: 9780779886777 |
Rating |
: 4/5 (71 Downloads) |
Synopsis LEGISLATING STATUTORY INTERPRETATION by : CHRISTOPHER. HUNT
Author |
: Cameron Hutchison |
Publisher |
: |
Total Pages |
: 152 |
Release |
: 2018 |
ISBN-10 |
: 0433494921 |
ISBN-13 |
: 9780433494928 |
Rating |
: 4/5 (21 Downloads) |
Synopsis The Fundamentals of Statutory Interpretation by : Cameron Hutchison
"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.
Author |
: Philip Girard |
Publisher |
: University of Toronto Press |
Total Pages |
: 928 |
Release |
: 2018-12-21 |
ISBN-10 |
: 9781487530594 |
ISBN-13 |
: 1487530595 |
Rating |
: 4/5 (94 Downloads) |
Synopsis A History of Law in Canada, Volume One by : Philip Girard
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Author |
: Michel Bastarache |
Publisher |
: |
Total Pages |
: 216 |
Release |
: 2008 |
ISBN-10 |
: 0433458453 |
ISBN-13 |
: 9780433458456 |
Rating |
: 4/5 (53 Downloads) |
Synopsis The Law of Bilingual Interpretation by : Michel Bastarache
"Canadian lawyers, legal academics and particularly judges face a constant challenge when interpreting bilingual federal or, in some cases, provincial legislation. While statutes are drafted in a manner that aspires to have both versions mirror one another, in practice, dual versions are often open for different interpretations, a situation that can prove extremely problematic."--pub. desc.
Author |
: Peter Crawford Oliver |
Publisher |
: Oxford University Press |
Total Pages |
: 1169 |
Release |
: 2017 |
ISBN-10 |
: 9780190664817 |
ISBN-13 |
: 0190664819 |
Rating |
: 4/5 (17 Downloads) |
Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver
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 |
: William N. Eskridge |
Publisher |
: Harvard University Press |
Total Pages |
: 460 |
Release |
: 1994 |
ISBN-10 |
: 0674218787 |
ISBN-13 |
: 9780674218789 |
Rating |
: 4/5 (87 Downloads) |
Synopsis Dynamic Statutory Interpretation by : William N. Eskridge
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author |
: Antonin Scalia |
Publisher |
: West Publishing Company |
Total Pages |
: 0 |
Release |
: 2012 |
ISBN-10 |
: 031427555X |
ISBN-13 |
: 9780314275554 |
Rating |
: 4/5 (5X Downloads) |
Synopsis Reading Law by : Antonin Scalia
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author |
: John Mark Keyes |
Publisher |
: |
Total Pages |
: 611 |
Release |
: 2010 |
ISBN-10 |
: 0433460253 |
ISBN-13 |
: 9780433460251 |
Rating |
: 4/5 (53 Downloads) |
Synopsis Executive Legislation by : John Mark Keyes