Jump to ContentJump to Main Navigation
Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
Users without a subscription are not able to see the full content.

Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 10 December 2019

Legislating in Vain

Legislating in Vain

Chapter:
(p.654) (p.655) 47 Legislating in Vain
Source:
Judge and Jurist
Author(s):

William Swadling

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0047

This chapter focuses on section 199 of the Equality Act 2010, which purports to abolish the presumption of advancement, by which lifetime transfers of rights between certain parties are said to be gifts. The provision — passed in an attempt to bring English law into line with Article 5 of Protocol 7 to the European Convention of Human Rights, which is concerned with ensuring equality of rights and responsibilities between spouses — is not yet in force, but the question is what its effect will be if and when it becomes law. It is argued that there can be no such thing as the presumption of advancement and therefore nothing susceptible to abolition. Although there is said to be a presumption that Parliament does not legislate in vain, this is arguably an instance of the legislature wasting its breath.

Keywords:   Alan Rodger, legislation, Equality Act 2010, presumption of advancement, transfer of right

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .