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Modern Statutory Interpretation: Framework, Principles and Practice

Modern Statutory Interpretation: Framework, Principles and Practice

Author: Jeffrey Barnes; Jacinta Dharmananda; Eamonn Moran
Publisher: Cambridge University Press
ISBN: 9781108816021
Published In: April 2023
Format: Paperback , 725 pages
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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

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