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Change and Continuity : Statute, Equity, and Federalism - William Gummow

Change and Continuity

Statute, Equity, and Federalism

Hardcover Published: 1st October 1999
ISBN: 9780198298236
Number Of Pages: 142

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This volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions. The tension between continuity and change appears from a consideration of the interaction between statute and the case law which interprets it, of the interaction between equity and statute, and finally of the operation of that constitutional arrangement known as federalism. Statute speaks to the state of affairs at the time of enactment. That state of affairs is dynamic; the statute, at least in form, is static. Conversely, in its development the common law may be informed by changes effected by statute. The extent to which the common law may or should respond in this way is a matter of controversy. Further, the accommodation of an apparently rigid statutory structure to individual circumstances has, for centuries, been assisted by the leavening effect of equitable doctrines and remedies. Finally, in federal systems with a division of governmental power and authority by a written supreme law, tensions between continuity, perceived in terms of original intent, and changed circumstances which were unforeseen, may become acute. Is Britain in the process of becoming a federal state or, indeed, a component of a European federal state? In all these situations, the doctrines developed by the courts assist the passage of society from the past, through the present and into the future. This invites an inquiry, considered in these lectures, as to the requirements of legal scholarship in a court of ultimate appeal in a common law system.

`The strength of Justice Gummow's work is its detailed and authoritive discussion concerning the various approaches used to develop and adapt the law. The table of cases and index are convenient additions to the text. Change and continuity: statute, equity, and federalism is thought-provoking reading and offers an informative perspective of the nature of law and doctrinal development.' International Trade and Business Law Annual `What Gummow has to say is a useful and delicate balance of theory and legal analysis.' J.H.Bogart, The Law and Politics Book Review Vol.10 No.3, March 2000. `What Gummow has to say is a useful and delicate balance of theory and legal analysis.' J H Bogart, The Law and Politics Book Review Vol 10 No 3 (March 2000) `...Justice Gummow gives us plenty of food for thought.' Roger Brownsword Law Quaterly Review October 2000 `"...there is a great deal of subject matter and thought in this small, yet panoramic, treatise."' Prof P H Lane The Australian Law Journal November 2000

Preface Table of Cases Lecture 1 The Common Law and Statute Lecture 2 Equity Follows the Law Lecture 3 Federalism Index

ISBN: 9780198298236
ISBN-10: 0198298234
Series: Clarendon Law Lectures
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 142
Published: 1st October 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 22.3 x 14.2  x 1.6
Weight (kg): 0.33