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Magical Tome

Cover of How to understand statutes and regulations
First published
2017
Publisher
Thomson Reuters
Pages
421 pages
ISBN
9780779880133

How to understand statutes and regulations

The outer archives are busy

by Nancy McCormack

About this book

"This book introduces the reader to Bills, Acts and Regulations, and describes how legislation works and is interpreted by the Courts. How Acts come into force, the various types of Acts, and citation practices are discussed. The constituent elements of Acts (short and long title, table of contents, preamble, provisos, statement of purpose, headings, parts, sections, punctuation, marginal notes, etc.) are explained along with how they contribute to the meaning and interpretation of Acts. E.A. Driedger?s Modern Principle approach to statutory interpretation is explored in detail along with the rules and legal maxims which apply in the examination of the text, context, purpose and consequences of Acts. The role of the common law, the Constitution, the Charter, international law, and Interpretation Acts in statutory construction, along with the rules which apply to specific types of enactments such as quasi-constitutional legislation are set out. Crown immunity is reviewed, and the special rules applying to aboriginal treaties/legislation are discussed. The courts? role in sorting out gaps, mistakes, overlap and drafting errors is considered. The book includes an analysis of regulations specifically, and statutory instruments generally. A detailed glossary completes the work."

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