CRAIES ON LEGISLATION

A practitioners’ guide to the nature, process, effect and interpretation of legislation

 

9th EDITION

 

Editor: Daniel Greenberg

 

 

ISBN: 978 1 847 03138 9

 

THOMSON SWEET & MAXWELL (www.thomsonreuters.com)

 

Price: £249

 

 

“CRAIES” JUSTIFIES THE STATUTES A CENTURY ON!

 

A review by Phillip Taylor MBE, Barrister-at-Law, Richmond Green Chambers, Malet Street Gazette Barrsiter Desk Editor

                           

The distinguished Edwardian, W.F. Craies, launched the first edition of this work on statutes 100 years ago founded on ‘Hardcastle on Statutory Law’ which Lord Browne-Wilkinson comments “have been with us from the beginning of English law and, although the emphasis of judgments varies over the years, give or take a little, the basic principles remain much the same”.  Then he contradicts himself!  And rightly so!

 

This is a splendid piece of legal expertise guiding professionals  through the various kinds of primary and subordinate legislation with a twenty-first century flair which made Lord Browne-Wilkinson recant immediately- the making and constructing of legislation has fundamentally altered in the last 30 years and ‘Craies on Legislation’ sets us on the best path for the future.

 

This is an essential work for all involved in the legal and political processes.  It provides a practical guide – 32 chapters in five parts plus judgment extracts – to understanding and applying legislation of all kinds.  Additionally, it gives practical information about the legislative process itself which will be extremely helpful for learners, trainees, tutors and highly experienced lawyers alike.

 

Mr Greenberg is by far the best choice to edit this work with his distinguished background as Parliamentary Draftsman at the Office of the Parliamentary Counsel. He has also deployed the skills we find on show in the excellent “Stroud” with its brilliant detail.

 

The ninth edition of ‘Craies on Legislation’ is a re-writing which gives us the following contemporary guidance:

 

·       it is designed to provide answers to questions that are likely to occur to the users of legislation;

·       it describes the legislative process, including important innovations such as legislative reform orders and Public Bill Committees;

·       it includes a practical guide to drafting, for legislative and other legal purposes;

·       it covers questions of the timing of legislation including technical issues such as retrospectivity;

·       it explores issues about the extent and application of legislation, including areas such as the consequences of new legislation on existing law and the effect of errors in legislation;

·       it covers Acts of Parliament, rules, regulations, orders, other subordinate legislation, the devolved legislation of Scotland, Wales and Northern Ireland, and European legislation;

·       it examines the different rules of statutory interpretation and the consequences of the Human Rights Act 1998, section three on statutory interpretation;

·       it looks at the consequences of the controversial rule in Pepper v Hart and the case law which has since developed from that decision;

·       it describes recent trends in statutory interpretation, including purposive and contextual construction;

·       it follows recent developments in particular areas of legislation, such as burdens of proof in criminal legislation and constitutional legislation;

·       it includes coverage of European legislation, including examining the nature of European legislation, its effect and interpretation; and it contains useful extracts from judgments and other documents in the excellent appendix at the back.

 

Greenberg’s formidable task in explaining where we are today with modern legislation has been executed with a masterly command of the subject-matter Browne-Wilkinson says it has been written by a man with a profound and perspicacious knowledge of his subject and that it will be indispensable- it is!