By Neil Duxbury
In components of laws, Neil Duxbury examines the heritage of English legislation throughout the lens of criminal philosophy on the way to draw out the diversities among judge-made and enacted legislations and to provide an explanation for what courts do with the legislation that legislatures enact. He offers a sequence of carefully researched and thoroughly rehearsed arguments about the law-making features of legislatures and courts, the strategies of legislative supremacy and judicial evaluate, the character of legislative purpose and the middle rules of statutory interpretation.
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Extra info for Elements of Legislation
75 Aumeye’s Case (1305) YB 33–5 Edw. I, 78 at 82; repr. in Plucknett, Statutes & Their Interpretation, 183–4. 76 Though this is perhaps immaterialÂ€– even judges without any personal involvement in the drafting of a statute would sometimes claim to know what the legislators had intended but had omitted to say: see Belyng v. Anon. (1312) B & M 52, 53 per Bereford CJ (‘He that made the statute [De donis of 1285] meant to bind the issue in fee tail as well as the feoffees until the tail had reached the fourth degree; and it was only through negligence that he omitted to insert express words to that effect in the statute; and therefore we shall not abate this writ’).
Shaw v. DPP  AC 220 (HL), 274–5 (per Lord Reid); Lim Poh Choo v. Camden and Islington AHA  AC 174 (HL), 189 (per Lord Scarman); British Leyland Motor 34 35 14 Enacted and judge-made law Thirdly, legislatures typically pass the laws they make. Fuller’s King Rex quickly realizes that even a legislator unconcerned with democratic pedigree ‘cannot escape the need for a published code declaring the rules’37 so that citizens may discover the laws that bind them. In a democracy those laws, before becoming laws, are put through a public and transparent procedure designed in an effort to ensure that whatever the legislature eventually enacts is carefully drafted, takes into account relevant information and interests, and is representative of democratic will.
412 the interpretation that had not been preferred in Congreve v. IRC  1 All ER 948 (HL). Though Â�common-law history shows that courts are not inclined to rebut the presumption lightly: see Henry Campbell Black, Handbook on the Construction and Interpretation of the Laws, 42 16 Enacted and judge-made law Sixthly, statute law is always intentionally made. Jeremy Bentham, according to H. L. A. 47 Law produced by legislatures is produced deliberatelyÂ€– which is not to deny that the notion of legislative deliberateness is (as we will see in Chapter 4) far from easy to pin down.