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The Modern Principle of Statutory Interpretation 2nd Edition

The Modern Principle of Statutory Interpretation 2nd Edition

Author: Cameron Hutchison
Publisher: LexisNexis Canada
ISBN: 9780433518143

Previous Edition ISBN: 9780433494928
Published In: December 2022
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$115.70

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Description
Contents

Details

The “modern principle” is the official approach to statutory interpretation in Canada, which focuses on the language of a statutory provision in light of its purpose, intent and context. The Modern Principle of Statutory Interpretation, 2nd Edition (formerly published as The Fundamentals of Statutory Interpretation), is a must-have resource for anyone seeking to gain insight into statutory interpretation in Canada.

Written in an accessible, easy-to-understand manner, The Modern Principle of Statutory Interpretation, 2nd Edition is particularly useful because it:

Examines the textual, contextual, historical, and purposive components of the modern principle, as well as their interaction with one another
Presents some refinements to the modern principle to better understand legislative intent as well as pragmatically resolve ambiguous cases
Considers why statutes require interpretation and the institutional legitimacy of the judiciary to interpret statutes
Combines the best aspects of a textbook and a casebook as it includes detailed commentary and analysis of the subject matter, and not just case references
Highlights key elements from leading cases by presenting the most definitive precedents for each aspect of statutory interpretation

What’s New In This Edition:

New content addressing legislative drafting conventions and their relationship to interpretative rules
New content on the challenges presented by, and potential solutions to, the interpretation of general or broadly worded language on the one hand, and overly specific language on the other
Clarity around the precise role of ambiguity and absurdity, as well as when courts may resort to statutory presumptions
Updated case law, including discussion of Supreme Court of Canada cases

Chapter 1: Foundations

1.01 Introduction

1.02 What is Legislation?

1.03 What is Statutory Interpretation?

1.04 Why Do Statutes Require Interpretation?

1.05 The Judicial Role in Statutory Interpretation

1.06 Statutory Interpretation and Legal Reasoning

1.07 The Interpretation Act

Chapter 2: The Modern Principle

2.01 Introduction

2.02 Approaches and Aids to Interpretation

2.03 The Modern Principle