Tag Archives: constitution

Modern Statutory Interpretation

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A Note From the SLS 2016 Conference at Oxford.

Every student of law will know about the ‘sources of law’: statues, judicial reasoning, European legislation and cases.  They will be familiar with the cannons of statutory interpretation, the so called Literal, Golden and Mischief rules, purposive and contextual interpretation.   

All students  will have studied how under our constitutional settlement, the  judges interpret and apply statutes such as to articulate the will of the democratically legitimated Parliament,  (the supreme law making body), how the judges attempt to discern the will of Parliament reconciling  that with their judicial obligation to serve justice and the principles of legality.

It is apparent that modern law-making in common law jurisdictions comes from a constant recurring argument and debate between Parliament, the judges and legal academics.  In this spirit of a debate the conference offered a distinguished panel vividly embodying the dynamic of the ‘law making’ conversation. On the panel chaired by Lady Justice Arden the speakers were Lord Justice Sales, Professor John Bell from Cambridge and Daniel Greenberg a former Parliamentary Counsel.

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Filed under Carl Schmitt, Contextual Interpretation, Democracy, Giorgio Agamben State of Exception, Hansard, Legal interpretation, Parliamentary sovereignty, Pepper v Hart, Rule of Law, Society of Legal Scholars, Statutory interpretation, Uncategorized

On Blogs and Totalitarianism

Hyperspace_exitNot long ago I started this blog but with considerable trepidation. I wondered what I could write about and whether anything I write about would be of any possible interest to the general but random reader in hyperspace and worried about the time involved. However, rather to my surprise it has been an exciting experience.  In this post I will try to reflect on the experience, describe my first ever post and try to develop some fresh connections between notions of legal positivism, democracy, ideology and economic totalitarianism.

The inspiration for my first ever post came from reading Ana França’s article published in the New Statesman on 27 June 2013.[1]  She described the way that the democratically elected government in Hungary used its overwhelming majority in parliament to amend existing constitutional protection for basic rights and freedoms, such as for instance freedom of expression, quite against the interests of the citizens and ultimately the long-term national interest. Continue reading

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Filed under Democracy, Law, Uncategorized