The Construction of Statutes 7th Edition

Author: Ruth Sullivan
Publisher: LexisNexis Canada
ISBN: 9780433518327

Previous Edition ISBN: 9780433471486
Published In: June 2022
Format: Hardback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

S$339.40

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Description
Contents

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Part art, part science – that's the essence of effective statutory interpretation. And understanding that balance is precisely the kind of insight you'll glean from this latest edition of the industry-leading resource, The Construction of Statutes.

This is a volume that no lawyer can afford to be without: knowing how to read and apply statutes, and to construct sound arguments regarding statutory interpretation, is a critical skill to possess, regardless of specialty or area of practice. This seventh edition offers a comprehensive and up-to-date examination of the rules and principles governing statutory interpretation, including the latest cases and developments.

Written by the premier authority on statutory interpretation in Canada, The Construction of Statutes, 7th Edition offers:

Clear explanations of the traditional rules of interpretation, including the principles underlying the rules and numerous illustrations of their application
Complete coverage of this vital aspect of legal practice in one source, from ordinary meanings, bilingual interpretation and purposive analysis, to crown immunity, external context and all points in between
A consideration of the concept of entire context embodied in the modern principle and whether ambiguity has any role to play in determining what aspects of context are admissible in interpretation disputes
Chapters on the temporal operation of legislation and the rules governing the temporal, territorial and personal application of legislation

What's New In This Edition:

An account and critical assessment of reliance on corpus linguistics by American lawyers and courts to establish the ordinary meaning of a text
A demonstration of the discrepancy between the courts’ insistence on treating all presumptions of intent as presumptions of last resort (following the judgment of the Supreme Court of Canada in Bell ExpressVu Limited Partnership v. Rex) and case law treating some as strong presumptions
A new analysis of the justification for reliance on legislative history and of the criteria for assigning weight to legislative history
A new analysis of the presumption against the retrospective application of legislation, taking into account some new judicial approaches to this issue
An acknowledgement of Indigenous law as part of the Canadian hierarchy of law and of the challenges its re-emergence creates for Canadian courts
More inclusion of provincial appellate case law

Chapter 1: Reading Words in Their Entire Context: An Overview of Statutory Interpretation

Chapter 2: The Modern Principle

Chapter 3: Ordinary Meaning

Chapter 4: Technical and Legal Meaning, Statutory Definitions, Interpretation Acts and Recurring Legislative Terminology

Chapter 5: Bilingual and Bijural Meaning

Chapter 6: Original Meaning

Chapter 7: Plausible Meaning

Chapter 8: Textual Analysis

Chapter 9: Purposive Analysis

Chapter 10: Consequential Analysis – Avoiding Absurdity

Chapter 11: Coherence, Overlap and Conflict Resolution

Chapter 12: Correcting Mistakes, Filling Gaps and Defeating Avoidance