Contents;
Foreword to the First Edition by The Rt Hon Lord Templeman MBE;
Preface to the Fifth Edition;
Acknowledgements;
Table of Cases;
1 Understanding the Law;
1.1 Introduction
1.2 A Sample Legal Problem
1.3 What is Law?'
1.4 Parliament
1.5 The Courts
1.6 The Importance of Procedural Law
1.7 English Law and the European Convention on Human Rights
1.8 English Law and the European Community
1.9 Conclusions
2 Finding the Law;
2.1 Getting Started
2.2 Literary Sources
2.3 Finding Cases
2.4 Finding and Updating Legislation
2.5 Finding EC Law
2.6 Using Computerised Information Retrieval Systems
2.7 Concluding Remarks
3 Reading the Law;
3.1 Reading Statutes
3.2 Reading Cases
3.3 Reading Books and Articles
3.4 From Reading to Writing
3.5 Conclusion
4 Law, Fact, and Language;
4.1 Law and Fact
4.2 Law and Language
4.3 Fact, Language, and the Judicial Construction of Cases
5 The Doctrine of Judicial Precedent;
5.1 Introduction
5.2 The Idea of Binding Precedent
5.3 Establishing the Principle in a Case
5.4 The Mechanics of Stare Decisis
5.5 Are there any other Exceptions to the Application of Stare Decisis to the Court of Appeal that have Emerged since 1944?
5.6 Does Every Case have to be Heard by the Court of Appeal before it can Proceed to the House of Lords?
5.7 Precedent in the Higher Courts: Summary
5.8 Other Courts
5.9 Impact of Human Rights Legislation
5.10 Conclusion
6 How Precedent Operates: Ratio Decidendi and Obiter Dictum;
6.1 Introduction
6.2 Development of Case Law
6.3 Trying to Define Ratio Decidendi
6.4 Perception and Ratio
6.5 Ratio and Interpretation
6.6 Summary of Points Covered
6.7 Obiter Dictum
6.8 How Precedents Develop
6.9 Answering Legal Questions on Precedent
6.10 Material Facts
6.11 What can Happen to a Case?
6.12 The Postal Rule Cases
6.13 The 'Uncertainty Principle' of Cases
6.14 Conclusion'
7 Making Sense of Statutes
7.1 Introduction
7.2 Drafting Styles
7.3 The Problems of Drafting Statutes in English Law
7.4 Examples of Drafting Practices and How to Approach Them
7.5 Amending Earlier Statutes
7.6 Other Points in Drafting
7.7 European Legislative Drafting
7.8 The Style of Community Legislation
7.9 Conclusion
8 Interpreting Statutes;
8.1 Introduction
8.2 The So-called Rules of Interpretation
8.3 Examples of the 'Rules' in Action
8.4 Secondary Aids to Construction
8.5 The Use of Hansard
8.6 From Rules to Reality
8.7 Interpretation and the European Community
8.8 Interpretation and the Human Rights Act 1998
8.9 Interpreting Secondary Legislation
8.10 Illustration of how to Analyse a Case on Statutory Interpretation
8.11 Conclusion
9 'Bringing Rights Home': Legal Method and the Convention Rights;
9.1 Introduction
9.2 The European Convention on Human Rights
9.3 Incorporation under the Human Rights Act 1998
9.4 Incorporation under the Devolution Acts
9.5 The Developing Case Law
9.6 The Consequences for Legal Method 0): Statutory Interpretation
9.7 The Consequences for Legal Method (2): Precedent
9.8 Legal Research and Argumentation
9.9 Conclusion
10 European Legal Method;
10.1 The Sources of Community Law
10.2 The Institutions
10.3 Analytical Techniques Employed by European Lawyers
10.4 The Effect of EC Law on the Drafting and Interpretation of UK Legislation
10.5 Conclusion
11 Exploiting Legal Reasoning;
11.1 Logic and Legal Reasoning
11.2 The Limits of Logic
11.3 The Decision Analysis Method
Index