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The judge and social law: jurisprudential policies in interpreting and making laws

Jo Carby‐Hall (Director of International Legal Research, Centre for Legislative Studies, The University of Hull)

Managerial Law

ISSN: 0309-0558

Article publication date: 1 June 2002

1557

Abstract

Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.

Keywords

Citation

Carby‐Hall, J. (2002), "The judge and social law: jurisprudential policies in interpreting and making laws", Managerial Law, Vol. 44 No. 3, pp. 7-26. https://doi.org/10.1108/03090550210770498

Publisher

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MCB UP Ltd

Copyright © 2002, MCB UP Limited

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