Manchester, colin and salter, david, manchester and salter on e xploring the l aw. Statutory interpretation is the process by which courts interpret and apply legislation. Statutory interpretation in australia, 9th edition hardback. But in many cases, there is some ambiguity or vagueness in. The process of statute making and the process of interpretation of statutes are two distinct activities. This site is like a library, use search box in the widget to get ebook that you want. See more ideas about statutory interpretation, barnet and abc news.
Statutory interpretation has replaced the analysis of judicial reasons about the common law. Obstacles to the inclusion of statutory analysis in the law curriculum 3. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Interpretation of statutes pdf notes, ebook for law llb. In august 2014 the council of australian law deans cald invited a drafting. Secondly, the growth in the size and importance of the laws made by and under parliament has also led to changes in the rules applicable in australia to the performance of statutory construction. Get interpretation of statutes pdf notes, ebook for law llb students in llb law 3rd year pdf notes, projects, papers section at. Despite the vast number of authorities dealing with one aspect or another of the field and the numerous statements and repeated application of the major rules of statutory interpretation, a knowledge of those rules is not in itself sufficient to guide the lawyer in the interpretation of a statute.
The paper is a critique of the golden rule of interpretation along with relevant case laws. Statutory interpretation the process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. The book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice. Statutes are sometimes ambiguous enough to support more than one interpretation. Pdf statutory and common law interpretation download. Statutory interpretation legal education associate deans. This book covers the following topics related to administrative law. Interpretation is the method by which the true sense or the meaning of the word is understood. Fn16 avoid interpreting a provision in a way that would render other provisions of the act superfluous or unnecessary. Click download or read online button to get statutory interpretation book now. Quick reference card statutory interpretation jekkle.
The interpretation of statutes is one of the most important subject usually taught in law. Interpretation of statutes and principles of legislation. Statutory aids may be illustrated by the general clauses act, 1897 and by specific definitions contained in individuals acts whereas nonstatutory aids is illustrated by common law rules of interpretation including certain presumptions relating to interpretation and also by caselaws relating to the interpretation of statutes. New south wales to prepare a good practice guide to teaching statutory interpretation. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question. It covers interpretation in public law, private law and international law, as well as the interpretation of case law. Statutory interpretation in australia download ebook pdf. Statutory interpretation principles the laws of australia provides a comprehensive text for teaching and studying the law of statutory interpretation in australia, as part of first year, elective and advanced undergraduate courses. The term principle of legality is a unifying concept in australia said to encompass a broad range of common law principles of statutory interpretation. Statutory interpretation laws1052 uni study guides. Some amount of interpretation is often necessary when a case involves a statute. Fn17 interpreting a provision in a way inconsistent with the policy. View copies of statutory interpretation by sanson, michelle 9780195568684 on studentvip.
In these cases, courts are free to interpret statutes themselves. Statutory interpretation download ebook pdf, epub, tuebl. This lecture was originally presented by the author as statutory interpretation. This change is now also gaining support in australia. Related titles pearce, interpretation acts in australia, 2018 pearce. Rules of presumption and statutory interpretationinstructions 1 copyright sovereignty education and defense ministry, litigation tool 01. Suggested principles to guide teaching of statutory interpretation. Presumptions and statutory interpretation were considered in potter v minhan. Comparing prices for statutory interpretation ebook. The nature and justification of the ultra vires doctrine in administrative law, the protection of common law principles by presumptions of legislative intention, the judicial response to statutes in cases such as anisminic and factortame, all raise questions about the relationship between statutory interpretation and. Statutory interpretation pdf thomson reuters australia. Statutory interpretation in australia 8 textbooks jekkle.
Law books our free online law books provide students with a unique view on the subject of evidence, proof and justice. Each statutory provision should be read by reference to the whole act. Here i am sharing two pdf ebooks containing detailed notes on the law llb subject interpretation of statutes. Statutory interpretation is not just one extra skill for lawyers to have. Free administrative law books download ebooks online. Read download statutory interpretation pdf pdf download. Review statutory interpretation in australia austlii. It provides a comprehensive text for teaching and studying the law of statutory interpretation in australia as part of first year, elective and advanced undergraduate courses. Statutory interpretation law all guides at rmit university. Statutory interpretation in australia d c pearce isbn 9780409340563 lexisnexis butterworths australia sell your copy of this textbook members reported this textbook was used for.
Statutory interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. Law books the laws of australia thomson reuters australia. Use of textbooks and other publications in construction of enactments 25. The meaning of an ordinary word of the english language is not a question of law. Interpretation of statutes and principles of legislation book pdf. Once a court interprets the statute, other courts usually will not go. Statutory interpretationprinciples and pragmatism for a new age.
All books are in clear copy here, and all files are secure so dont worry about it. You can also check out law for computing students, business students and sports law. D c pearce and r s geddes in their book on statutory interpretation. The basic principles governing statutory interpretation are repeatedly stated, without apparent disagreement, in decisions of the high court of australia. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. These rules each take different approaches to interpretation of a statute. Dc pearce and rs geddes, statutory interpretation in australia. The proper construction of a statute is a question of law. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. The australian learning and teaching council has provided funding for this. Statutory interpretation by dr donald gifford, brings together the various. Statutory interpretation 2nd edition revitalises learning of statutory interpretation as a living, breathing and dynamic tool for understanding and applying the law the book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice. Statutory interpretation lecture notes law teacher. You will receive an alert when the book is available for less than the new or used price you specify.
Statutory interpretation western australia westerns. Statutory interpretation ebook sanson ebook pdf published 20120614 in australia by oxford university press australia. The high court of australia and modes of constitutional interpretation. Conceptual analysis issues and prospects, classification of administrative power, delegated legislation and its control, administrative discretion and its control, administrative adjudication tribunal, principles of natural justice or fairness, disciplinary action against public. Click download or read online button to get statutory interpretation in australia book now.
Please click button to get statutory interpretation in australia book now. According to the author, they involve deriving meaning from close consideration of the text, context and purpose policy of any contested provisions. As chief justice spigelman has put it, our time is an age of statutes, where no area of the law has escaped statutory modification. Download interpretation of statutes and principles of legislation book pdf for 2nd year students. Past editions of the book i launch today have been an indispensable aid to statutory interpretation for australian lawyers and courts. Good practice guide to teaching statutory interpretation council of. Statutory interpretation is a more difficult area to master than might at first sight appear. This text is an adaptation of interpretation and use of legal sources the laws of australia, designed for student and lecturer use. Statutory interpretation, 2nd edition by michelle sanson. This quick reference card offers a concise summary of statutory interpretation consisting of the.
For decades, lawyers have debated the proper scope of this hypothetical law. In the process of interpretation, several aids are. The purposive approach sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment a statute, part of a statute, or a clause of a constitution within the context of the laws purpose. To this time, statutory interpretation has not been given the importance in australian law schools that its significance for the daily practice of the law demands. Parliamentary sovereignty and statutory interpretation. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. Because legislators may intend different things when they vote for a bill, statutory construction is often fairly difficult. More importantly, however, to the extent that deviation was required, it presented as paradigmatic a case for the operation of the socalled golden rule of statutory interpretation as might be imagined. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. Interpretation and use of legal sources has been described as the key which unlocks the door to the meaning of law.
Principles and pragmatism for a new age judicial commission of new south wales. Statutory interpretation principles, the laws of australia. Construction of acts and instruments as a whole 30. Sometimes the words of a statute have a plain and a straightforward meaning. Statutory interpretation in australia launch of 8th edition. This book is a classic in the area and provides a clear and lucid account of the area.
Statutory interpretation 2nd edition revitalises learning of statutory interpretation as a living, breathing and dynamic tool for understanding and applying the law. Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the u. The general public acts of victoria law book, 1960 vol 9. It can only rule on the legislation as it standseven if it is in the process of.
It is a central, essential skillan area of law in itself. As the facts clearly demonstrated, section in the present context led to an absurd and irrational resulta result which causes a. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. Fn15 statutory interpretation is a holistic endeavor. He contended that he is not an immigrant he was born in victoria, but moved to.