A Commentary on The Interpretation of Statutes by G.A. Endlich | 2024
A Commentary on The Interpretation of Statutes by G.A. Endlich | 2024
| Author | G.A. Endlich |
| Publication Date | 2024 |
| ISBN | 9789393850690 |
|
Format |
Hardcover |
| Publisher | Law and Justice Publishing Company |
Since its initial publication in 1875, Judge Maxwell’s On the Interpretation of Statutes has rightly been regarded in England as a leading authority in this area of law and has also gained judicial recognition in this country. Its clear, practical, and straightforward treatment of a complex and often technical subject has long set it apart as a work of exceptional value to legal practitioners.
The present volume is based on, and incorporates much of, that original treatise. The author’s initial intention was simply to act as an American editor of the English work. However, during that process it became apparent that the volume of new and significant material required for American lawyers was too substantial to be confined to footnotes. At the same time, it was clear that certain aspects of Judge Maxwell’s work were not applicable to the legal system of this country, and that key principles essential to statutory interpretation under American law were either absent or unaddressed, as they lay outside the scope of English jurisprudence. It also became evident that revisions to the structure and organisation of the work would better serve American readers.
To integrate extensive new material—often unrelated to the author’s original intent—while omitting sections he considered important, altering the organisation, and retaining his name as sole author would have been unfair both to Judge Maxwell and to the editor. The appropriate solution, therefore, was to produce a new work that openly acknowledges its foundation in Judge Maxwell’s treatise, gives clear and full credit for all material drawn from it, and makes plain that responsibility for any additions, omissions, or modifications rests entirely with the present author.
Table of Contents of A Commentary on The Interpretation of Statutes by G.A. Endlich:
Chapter I. Literal Interpretation,
Chapter II. External Circumstances, Context And Acts In Pari Ma- Teria,
Chapter III. Title, Marginal Notes, Punctuation, Preamble, Schedule,
Chapter IV. Presumptions Arising From Subject Matter, And Object Of Enactments As To Language Used,
Chapter V. Presumptions Arising From Scope And Specific Purpose Of Act, And As To Evasion And Abuse Of Power,
Chapter VI. Presumptions As To Jurisdiction, Government, Excess Of Legislative Functions And Powers, Violation Of In- Ternational Law, Treaties And Constitution,
Chapter VII. Presumption Against Inconsistency. Repeal By Implication,
Chapter VIII. Presumption Against Repeal By Implication. General,Special And Penal Acts, -
Chapter IX. Presumption Against Unreason, Inconvenience, Injustice And Absurdity,
Chapter X. Presumption Against Construction Permitting Impairing Of Contracts, Advantage From Own Wrong, And Re- Trospective Operation,
Chapter XI. Exceptional Construction To Effectuate Legislative Intent
Chapter XII.Strict Construction,
Chapter XIII. Usage And Contemporaneous Construction. Legislative Construction. Change Of Language
Chapter XIV. Associated Words,
Chapter XV. Implications And Intendments. Directory And Impera- Tive Provisions. Impossibilities.
Ties. Waiver,
Chapter XVI. Effect Of Statute Upon Contracts Made In Contraven- Tion Thereof. Public And Private Implied Remedies,
Chapter XVII. Repeal. Commencement. Judicial Notice,
Chapter XVIII. Analogies And Differences Between The Construction Of Statutes And That Of Constitutions
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