“Woah! It's like Spotify but for academic articles.”

Instant Access to Thousands of Journals for just $40/month

Get 2 Weeks Free

Pepper v Hart: A Footnote to Professor Vogenauer’s Reply to Lord Steyn

Pepper v Hart: A Footnote to Professor Vogenauer’s Reply to Lord Steyn

Abstract

This Note is intended to stand as a short supplement to the compelling article by Stefan Vogenauer entitled, ‘A Retreat from Pepper v Hart? A Reply to Lord Steyn’ published in the Journal at the end of 2005. 1 In his article, Professor Vogenauer calls in question the argument advanced by Lord Steyn in his article in the Journal, entitled ‘ Pepper v Hart : A Re-examination’. 2 In that article, Lord Steyn called for a retreat from the decision of the House of Lords in Pepper v Hart 3 concerning the circumstances in which reference may be made to Hansard as an aid to statutory construction and for a reinterpretation of the decision in line with a theory that a Minister speaking in Parliament who gives an explanation of the meaning or effect of a clause in a Bill should be taken to create a binding legitimate expectation that the executive will apply the provision, once enacted, in that sense. In this Note, I express my agreement with Professor Vogenauer’s argument, and seek to support it with some additional points under three heads: (1) the proper interpretation of Pepper v Hart and its status as authority; (2) the basis in principle for adhering to that interpretation; and (3) conceptual difficulties attached to Lord Steyn’s legitimate expectation thesis.
Loading next page...
Problems Reading this Article? Report Issue Here
 
/lp/oxford-university-press/pepper-v-hart-a-footnote-to-professor-vogenauer-s-reply-to-lord-steyn-YWq0mD184g

You're reading a free preview. Subscribe to read the entire article.

And millions more from thousands of peer-reviewed journals, for only $40/month.

Get 2 Weeks Free

To be the best researcher, you need access to the best research

  • With DeepDyve, you can stop worrying about how much articles cost, or if it's too much hassle to order — it's all at your fingertips. Your research is important and deserves the top content.
  • Read from thousands of the leading scholarly journals from Springer, Elsevier, Nature, IEEE, Wiley-Blackwell and more.
  • All the latest content is available, no embargo periods.

Stop missing out on the latest updates in your field

  • We’ll send you automatic email updates on the keywords and journals you tell us are most important to you.
  • There is a lot of content out there, so we help you sift through it and stay organized.