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A Leap in the Dark, A Criticism of the Principles of Home Rule as Illustrated by the Bill of 1893, has been considered an important book throughout the human history. So that this work is never forgotten we have made efforts in its preservation by republishing this book in a modern format for present and future generations. The whole book has been reformatted, retyped and designed. This book is not made of scanned copies and hence the text is clear and readable.
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Reproduction of the original: A Leap in the Dark by A.V. Dicey
"Alvin Jackson's Home Rule: An Irish History examines the development of Home Rule and devolution in Ireland from the nineteenth century to the present. It traces some of the main themes in Irish peace-making from their late Victorian roots to the beginning of the millennium: it explores the origins of the Good Friday Agreement, and many of the interconnections between Irish political history and contemporary affairs. The work offers an incisive reappraisal of different political leaders through the period. Drawing on new archival evidence, Home Rule illuminates a crucial aspect of British and Irish history over a two-hundred-year span."--BOOK JACKET.
This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
This edition of the correspondence between A. V. Dicey and A. B. Keith is of interest to scholars of imperial history and the law, especially the field of conflict of laws. It presents the exchange of views between Dicey, the older professor, and Keith, the young man at the the Colonial Office, on a multitude of topics of contemporary importance. It provides an insight into the books and revisions of earlier editions written by both men. The period 1905-1919 was filled with political and constitutional issues that drew the attention of public-minded individuals. Such specific discussions of constitutional matters over time was rare in Edwardian Britain, so this collection of letters presents an important addition to the stock of private materials by which public policy must be judged.