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A retreat from Pepper v Hart? A reply to Lord Steyn

Abstract:
This article shows how the House of Lords has, in recent years, embarked on a retreat from its landmark decision in Pepper v Hart which had relaxed the rule prohibiting courts from using ministerial statements made in Parliament for the purpose of interpreting statutes. This development was initiated by a lecture given by Lord Steyn in May 2000 and subsequently published in this journal. The article attempts to refute the reasons advanced in support of the retreat. In addition, it sets out to show that the alternative solution proposed by Lord Steyn creates both conceptual and practical difficulties. As a result it argues for a reversal of the retreat. © The Author 2005. Published by Oxford University Press. All rights reserved.

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Publisher copy:
10.1093/ojls/gqi027

Authors


More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author


Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
25
Issue:
4
Pages:
629-674
Publication date:
2005-12-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503


Language:
English
Pubs id:
pubs:283437
UUID:
uuid:43daa13e-519a-4efd-a741-64c5d41e3ba6
Local pid:
pubs:283437
Source identifiers:
283437
Deposit date:
2014-08-16

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