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Modern Statutory Interpretation: Framework, Principles and Practice


ISBN13: 9781108816021
To be Published: March 2023
Publisher: Cambridge University Press
Country of Publication: Australia
Format: Paperback
Price: £101.99



Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I-III introduce foundational matters, Parts IV-VII deal with the general principles of interpretation, and Part VIII examines special interpretative issues. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers, and students undertaking advanced courses in statutory interpretation in Australia.

Subjects:
Other Jurisdictions , Australia, Statutory Interpretation and Legislative Drafting
Contents:
Part I. Background:
1. The nature of statutory interpretation
2. A modern history of key concepts
3. Constitutional context
Part II. The Framework of Statutory Interpretation:
4. Legislative intent
5. The judicial duty to be independent
6. Text-based interpretation
7. Context
8. Purpose
9. Practical techniques
Part III. Working with Legislation: Broader Skills and Knowledge:
10. Legislative drafting
11. Enactment procedure
12. Commencement
13. Structure and components of an Act
14. Problem analysis: sources of doubt
Part IV. The Provision, and the Act as a Whole:
15. The language of the provision
16. The effect of drafting styles
17. Special categories of legislation: the interpretation of remedial, penal and revenue provisions
18. Linguistic canons
19. The 'always speaking' approach
20. The scheme and components of an Act
Part V. Legislative History:
21. Legislative antecedents (evolution) including subsequent amending Acts
22. Pre-existing common law
23. Background facts and circumstances
24. Extrinsic materials – pre-parliamentary and parliamentary materials
Part VI. Interpretation Acts and Other Acts of General Application:
25. Interpretation Acts
26. Other Acts of general application
Part VII. The Wider Context:
27. Consequences
28. The principle of legality
29. Use of the statute book and legislation of other jurisdictions
30. Use of precedent
31. International treaties and materials
32. Other common law presumptions and aids
33. Inadmissible considerations
Part VIII. Special Interpretative Issues:
34. Remedial constructions for drafting errors
35. Provisions in apparent conflict
36. Statutory powers and their characterisation: discretion or duty?
37. The effect of non-compliance with a statutory requirement
38. Statutory reasonableness
39. Presumption against retrospective operation
40. Presumption against application to government and other Crown entities
41. Presumption against extraterritorial operation
42. Mental ingredient of statutory offences
43. Delegated legislation
Appendix A. Glossary
Appendix B. Bibliography