Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules.
Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible.
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This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book. To send content items to your account, please confirm that you agree to abide by our usage policies.
Judges and the law: Rules of language - OpenLearn - Open University - W_3
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Cited by. Crossref Citations.
This book has been cited by the following publications. This list is generated based on data provided by CrossRef. Barnes, Jeffrey Sources of Doubt and the Quest for Legal Certainty.
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Rule of Law and Human Rights
The rule of law is the vehicle for the promotion and protection of the common normative framework. It provides a structure through which the exercise of power is subjected to agreed rules, guaranteeing the protection of all human rights. There is no rule of law within societies if human rights are not protected and vice versa; human rights cannot be protected in societies without a strong rule of law.
The rule of law is the implementation mechanism for human rights, turning them from a principle into a reality. The rule of law has played an integral part in anchoring economic, social and cultural rights in national constitutions , laws and regulations. Where such rights are justiciable or their legal protection is otherwise ensured, the rule of law provides the means of redress when those rights are not upheld or public resources are misused.
While universally agreed human rights, norms and standards provide its normative foundation, the rule of law must be anchored in a national context, including its culture, history and politics. States therefore do have different national experiences in the development of their systems of the rule of law. The rule of law and human rights are two sides of the same principle, the freedom to live in dignity.
The rule of law and human rights therefore have an indivisible and intrinsic relationship.