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Completely up-to-date, this new edition provides a comprehensive
analysis of the contemporary approach of English courts to the
interpretation of statutes. This edition also explores the
increasing importance of developments in European law, both in EC
law and its implementation in domestic law and the impact of the
European Convention on Human Rights.
The main aim of this book is to present a basic guide to the
current doctrine of precedent in England, set in the wider context
of the jurisprudential problems which any treatment of this topic
involves. Such problems include the nature of the "ratio decidendi"
of a precedent and of its binding force, the significance of
precedents alongside other sources of law, their role in legal
reasoning and the account which must be taken of them by any
general theory of law. In examining these matters, the late Sir
Rupert Cross expounded a fairly traditional practitioners view, and
this approach has been preserved in the fourth edition, although
references are included to competing answers, taking into account
developments in the literature since the third edition. Re-writing
has been undertaken to update case-law and take account of the
possible implications for the doctrine of precedent of the impact
of European Community Law, making it a source of reference for
readers interested in the past history, present state and future
developments of the English rules of precedent.
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