Legal method /
Ian McLeod.
- Fifth edition.
- xxxii, 351 pages ; 22 cm.
- Palgrave Macmillan law masters .
- Palgrave law masters. .
Previous ed.: 2002.
Includes bibliographical references and index.
An introduction to law and legal reasoning -- The classifications of English law -- The jurisdictions of the principal English courts -- The constitutional context of legal method -- European community law and English law -- The protection of human rights and fundamental freedoms -- Finding, citing and using the sources of law -- An introduction to the doctrine of binding precedent -- Ratio decidendi and obiter dictum -- Vertical and horizontal dimensions of precedent -- Does the House of Lords bind itself? -- Does the Court of Appeal bind itself? -- Does the High Court bind itself? -- Precedent as a vehicle for law reform -- Precedent and principle in the European Court of Justice -- An introduction to statute law and statutory interpretation -- Statutory drafting -- Plain meanings, mischiefs and purposes -- The idea of legislative intention -- Modern statutory interpretation in practice -- Legislative interpretation in the European Court of Justice -- Law reports and journals (some useful references) -- Extracts from the Interpretation Act 1978 -- Articles 2-12 and 14 of, and Articles 1-3 of the First Protocol and Articles 1 & 2 of the Sixth Protocol to, the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. App. 1. App. 2. App. 3.
"Legal Method is a lively introduction to both the nature and sources of law and the techniques which lawyers use when handling those sources. It emphasises the constitutional context of legal method, including the relationship between the domestic English legal system and European law, and deals with both the framework of the Human Rights Act 1998 and the way it works. How uncertainties arise within the law and how the courts resolve them in individual cases is an underlying theme throughout." "Legal Method assumes no prior knowledge and makes its content accessible by clarity of explanation rather than by dilution of content. In addition to more conventional sources, authors as varied as Jonathan Swift, Alexander Pope, W. S. Gilbert and T. S. Eliot are cited."--BOOK JACKET.
1403948704 9781403948700
European Union.--Law and legislation--England.
Law--Interpretation and construction.--England Justice, Administration of--England Law--Methodology