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Interpreting Environmental Offences: The Need for Certainty

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This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats’ protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community.The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework – the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble and purpose in a broader sense – are considered in this book. Through this framework a solution to the certainty problem is provided.

Author: Lees Emma
Publisher: HART
Pages: 236
ISBN: 9781849467377
Cover: Hardback
Edition Number: 1
Release Year: 2015

Professor Stuart Bell is Professor of Law and Dean of the Faculty of Social Sciences at the University of York

Professor Donald McGillivray is Professor of Environmental Law, University of Sussex

Dr Ole Pedersen is Reader in Law at Newcastle University

Dr Emma Lees is University Lecturer in Environmental and Property Law at Cambridge University

Professor Elen Stokes is Professorial Research Fellow in Law at the University of Birmingham

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