Statutory Interpretation in Australia

Statutory Interpretation in Australia
Author: Dennis Charles Pearce
Publisher:
Total Pages: 496
Release: 2014
Genre: Law
ISBN: 9780409336955

Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.

Public Law and Statutory Interpretation

Public Law and Statutory Interpretation
Author: Lisa Burton Crawford
Publisher:
Total Pages: 352
Release: 2018-01-31
Genre: Law
ISBN: 9781760021528

This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.

Interpretation Acts

Interpretation Acts
Author: Chad Jacobi
Publisher:
Total Pages: 222
Release: 2018-12-14
Genre: Law
ISBN: 9780455500607

Barrister Chad Jacobi has created a unique and practical reference work in Interpretation Acts: Origins and Meaning. It is based on the premise that the Interpretation Acts, which are key tools to reading legislation in the various Australian jurisdictions, themselves need to be read as statutes, the meanings of which must be ascertained. Lawyers are often confronted with the - sometimes urgent - need to understand these provisions in the context of litigation, particularly in areas highly affected by statutory interpretation, like public law as well as criminal law, succession law, industrial law and tax. This text helps practitioners grasp the "how, what and why" of these provisions by looking to their origins: how they have come about, what has changed and what the authoritative decisions on their meaning are today. It is the first publication of its kind in Australia, presenting history that is not merely interesting on its own terms, but is important in the very practical context of law in operation. It is a must for every law library, private and public.

Dynamic Statutory Interpretation

Dynamic Statutory Interpretation
Author: William N. Eskridge
Publisher: Harvard University Press
Total Pages: 460
Release: 1994
Genre: Law
ISBN: 9780674218789

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Interpretation and Use of Legal Sources

Interpretation and Use of Legal Sources
Author: Perry David Herzfeld
Publisher: Lawbook Company
Total Pages: 764
Release: 2013
Genre: Civil law
ISBN: 9780455230979

Provides a comprehensive account of the Australian law of interpretation. It covers interpretation in public law, private law and international law, as well as the interpretation of case law.

Statutory Interpretation

Statutory Interpretation
Author: Tom Gotsis
Publisher:
Total Pages: 237
Release: 2007
Genre: Judicial discretion
ISBN: 9780731356195

This is a collection of nine essays by senior judicial officers and leading legal academics on the principles of statutory interpretation. The target audience for the monograph is judicial officers, legal academics and law students.

Interpreting Statutes

Interpreting Statutes
Author: Suzanne Corcoran
Publisher: Federation Press
Total Pages: 358
Release: 2005
Genre: Art
ISBN: 9781862875562

Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.

The Coherence of Statutory Interpretation

The Coherence of Statutory Interpretation
Author: Jeffrey Barnes
Publisher:
Total Pages:
Release: 2019-07
Genre:
ISBN: 9781760022099

Statutory interpretation affects every area of law and is of growing scholarly interest given long-running debate about the coherence of statutory interpretation and the fact that the law of interpretation comprises 'frail guidelines'. This contributed work critically analyses the law in light of this debate. It examines areas where the law is coherent leading to confidence in the judiciary and the administration of the law. It also examines areas where the law is not coherent and is need of improvement.