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The Law-Making Process

By: Michael Zander
Media of The Law-Making Process
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Published: 25-06-2020
Format: PDF eBook (?)
Edition: 1st
Extent: 528
ISBN: 9781509934553
Imprint: Hart Publishing
RRP: £40.49
Online price : £32.39
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About The Law-Making Process

As a critical, in-depth analysis of the law-making process, this book has no equal.

It deals with all the stages and forms of law-making:
- the preparation of legislation;
- its passage through Parliament;
- statutory interpretation;
- the operation of the rules of precedent in judicial decision-making;
- the many facets of judicial law-making;
- the machinery of law reform.

The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament.

The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise.

There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.

Table Of Contents

Summary of Contents

1. Legislation: The Whitehall Stage
1.1. The Preparation of Legislation
1.2. Drafting Legislation
1.3. Criticism of the Quality of Drafting
1.4. What to do about the Quality of the Statute Book?
1.5. The 'Good Law' Initiative
1.6. Final Approval before Introduction in Parliament

2. Legislation: The Westminster Stage
2.1. The Legislative Process
2.2. Legislative Committees
2.3. The Role of the Bill Team
2.4. Interaction Between Interested Parties During the Legislative Process
2.5. The Time Taken by Parliamentary Debates
2.6. The Impact on Bills of the Parliamentary Process
2.7. The Composition and Size of the House of Lords
2.8. Publication of Bills in Draft Form
2.9. Carrying-Over Legislation from One Session to Another
2.10. Control of Business
2.11. Control of the Length of Debates
2.12. The Parliament Acts of 1911 and 1949
2.13. Legislation in Haste
2.14. When does a Statute Come into Force?
2.15. Statutes Online
2.16. The Reach of Legislation and Devolution
2.17. Delegated Legislation
2.18. Rejecting Delegated Legislation
2.19. Scrutiny of Delegated Legislation
2.20. Delegated Legislation: Anglo-American Comparison
2.21. Making Better Law

3. Statutory Interpretation
3.1. Interpretation is a Necessary Aspect of Communication
3.2. The Three Basic So-Called 'Rules' of Statutory Interpretation
3.3. The Three Basic Rules Considered
3.4. Understanding the Context: Statutes and Judicial Decisions
3.5. Understanding the Context: Evidence Beyond Statutes and Judicial Decisions
3.6. Presumptions and Subordinate Principles of Interpretation as an Aid to Construction
3.7. Are the Rules, Principles, Presumptions and Other Guides to Interpretation Binding on the Courts?
3.8. Interpreting Bills of Rights
3.9. What (if any) is the Function of General Statutory Rules on Statutory Interpretation?
3.10. Do Statements of General Principle Assist?
3.11. What is the Court's Proper Function in Interpreting a Statute?

4. Binding Precedent: The Doctrine of Stare Decisis
4.1. The Hierarchy of Courts and the Doctrine of Binding Precedent
4.2. A Comparison with Some Other Countries
4.3. The European Court of Justice
4.4. Devolution Issues

5. How Precedent Works
5.1. Professional Techniques for Using Precedents
5.2. Preparation and Delivery of Judgments
5.3. Are Precedents Law or Only Evidence of the Law?
5.4. The Values Promoted by the System of Precedent
5.5. Flexibility and Stability in the Common Law System

6. Law Reporting
6.1. The History of Law Reporting
6.2. Criticisms of the System
6.3. The Advent of Online Access to Law Reports
6.4. What Decisions are Reported?
6.5. Too Many Unreported Decisions
6.6. Restricting the Citation of Authorities
6.7. The Hierarchy of Reports
6.8. The Form of Law Reports

7. The Nature of the Judicial Role in Law-Making
7.1. The Personal Element in Judicial Law-Making
7.2. The Background of Judges
7.3. The Appointment of Judges
7.3.1. The Lord Chancellor Replaced by a Judicial Appointments
7.4. Do Judges have Biases?
7.5. Should Judges be Activist?
7.6. Can Judges Undertake their Own Researches into the Law?
7.7. What the Law is and What it Ought to be
7.8. The Practical Effect of the Retrospective Impact of Common Law Decisions
7.9. Prospective Overruling as an Aid to Creative Law-Making
7.10. Legal Argument by Non-Parties
7.11. Interaction between the Judge and the Advocate
7.12. The Trend Toward Written Argument
7.13. Interaction between the Judges and their Judicial Assistants
7.14. The Interaction between the Judges
7.15. The Role of the Supreme Court

8. Foreign and Other Sources of Law
8.1. European Union Law
8.2. Scholarly Writings
8.3. Custom
8.4. Quasi-legislation, Codes of Practice, Circulars, Guidance etc

9. The Process of Law Reform
9.1. The History
9.2. The English and Scottish Law Commissions
9.3. The Law Commission – Modern Developments
9.4. Judicial Law-Making in the Light of the Existence of the Law Commission
9.5. The Law Commission and the Codification Project
9.6. The Law Commission and Consultation

Reviews

“REVIEW OF THE SEVENTH EDITION
Like all Professor Zander's written works, this new edition provides us with a readable, illuminating study of the issues... this is a substantial work, and appropriate to do justice both to the importance and the subtle refinements of the processes by which our laws are made.
” –  The Rt Hon the Lord Judge, former Lord Chief Justice, New Law Journal

“REVIEWS OF THE FIRST EDITION

The Law-Making Process
is a book which has developed out of the author's Cases and Materials on the English Legal System. The result lies somewhere between a collection of cases and materials and a text-book, the author illustrating a lively text by well-chosen extracts from a wide variety of sources.
” –  Law Quarterly Review

“The materials are well chosen, well grouped, varied and usually of a sensible length. They raise a series of consistently fascinating questions about the contemporary evolving and imperfect system.” –  Journal of the Society of Public Teachers of Law

“Michael Zander has got together a most interesting collection of cases and materials, extracts and excerpts from all kinds of sources, with a light lucid linking commentary … The student who absorbs this book will have a good grounding, he will be on the right road. The more mature lawyer will have a better understanding of his craft. The law-maker who addresses himself to the institutional problems raised in this book, and genuinely seeks to overcome them, will be worthy of his responsibilities.” –  New Law Journal

“This book shows that by using a full-range of source materials enlivened by critical comment it is possible to achieve a high level of knowledge about the mysteries of the law. The work is highly recommended.” –  The Legal Executive

“It should be read by anyone whose elected or vocational office requires him to understand the law making process in this country.” –  Justice of the Peace

“Then there are the two groups of students whose needs inspired Professor Zander to compile this volume. Taking the non-law students first, they should find this book a boon and a blessing, if they are grappling with a specialised part of an unfamiliar subject. As for the law students, there is something familiar and something fresh for them, with plenty of indications for future reading. The Zander approach has given them a new way of looking at the law library shelves.” –  Statute Law Review

“This is a most readable, stimulating book containing many extracts and excerpts which the ordinary law student would not find and might not search out, even if he were given the references. While no attempt has been made to deal with Scots law or Scottish conditions much of the book is generally relevant to study in Scotland and could be read with profit by Scottish students.” –  Professor David Walker, Juridical Review

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