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Monday, February 10, 2020 | History

3 edition of Statutory interpretation in Australia found in the catalog.

Statutory interpretation in Australia

D. C. Pearce

Statutory interpretation in Australia

  • 187 Want to read
  • 21 Currently reading

Published by Butterworths in Australia .
Written in English

    Places:
  • Australia
    • Subjects:
    • Law -- Australia -- Interpretation and construction.

    • About the Edition

      This book seeks to provide legal practitioners and students with a guide to some of the practical questions of interpretation in legislation as they arise in Australia today.

      Edition Notes

      Includes index.

      StatementD.C. Pearce, R.S. Geddes.
      ContributionsGeddes, R. S. 1944-
      Classifications
      LC ClassificationsKU451 .P43 2001
      The Physical Object
      Paginationxlv, 314 p. ;
      Number of Pages314
      ID Numbers
      Open LibraryOL3599350M
      ISBN 100409316873
      LC Control Number2002327082

      Avoidance Canon Canon of Constitutional Avoidance If a statute is susceptible to more than one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. The role of the courts is to interpret, not make law, and to apply and interpret Acts of Parliament in the resolution of controversies. The event that was the trigger for it simply did not happen. Of course, the detectives could have been wrong in their understanding.

      Philosophies[ edit ] Over time, Statutory interpretation in Australia book methods of statutory construction have fallen in and out of favor. Armed robbery was such an offence. I was largely responsible for the language in which the enactment is conveyed, and for that reason, and for that reason only, I have not written a judgment myself, but I heartily concur in the judgment which my noble and learned friends have arrived at. All of this was undertaken with the rationality and persuasiveness that the judges typically manifested, at least to the eyes of most members of the legal profession. Intrinsic Materials: The TextAll words have meaningOrdinarily, the meaning is the ordinary meaningA technical or legal meaning may be usedCurrent meaningDictionary meaningConsistent meaning across an ActVariants of wordsLimiting wordsHendiadysTemporal expressionsCommon words and expressionsWhat if the intrinsic materials are inconsistent, or in conflict with one another? But it was absent from the conversation recorded in the lockup.

      Statutory interpretation in Australia book growth in the quantity of the written law has led to demands for plain English expression. And there are a multitude of forces to be found in solving a legal problem other than logic; such as tradition, history, sociology and morality. The terms of reference included many traditional rights, freedoms and privileges, for instance freedom of speech, freedom of religion, freedom of association, freedom of movement, vested property rights, legal rights and obligations, the principle of a fair trial, and client legal privilege. The starting point is that rights are interfered with by Parliament. At the time he drafted the statute, at all events, he may have been under the impression that he had given full effect to what was intended, but he may be mistaken in construing it afterwards just because what was in his mind was what was intended, though, perhaps, it was not done. Historical interpretation: using the legislative history, to reveal the intent of the legislator.


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Statutory interpretation in Australia by D. C. Pearce Download PDF Ebook

In addition, it is argued that the canons give a credence to judges who want to construct the law a certain way, imparting a false sense of justification to their otherwise arbitrary process. Trawling for rules and cannons of interpretation is not the correct starting point.

It is all the better if he Statutory interpretation in Australia book pretend to misunderstand it. This book takes a new approach Statutory interpretation in Australia book statutory interpretation.

Particular regard paid to the general statements of the High Court explaining the modern approach to statutory interpretation. This does not mean we need to overcomplicate the process of statutory interpretation. United States[22] or Coco v The Queen. It demanded the observance of a high degree of formality and precision.

Out of a recognition of this trend towards the substitution of statutes for the common law in Australia, the Council of Australian Law Deans has lately considered a proposal to add to the core curriculum to be taught in all Australian law schools a specific subject on statutory interpretation.

I can understand the tendency of human minds to resist such an outcome. Extrinsic MaterialsUsing extrinsic materials to interpret textUsing extrinsic materials for context and purposeCommon law approach to use of extrinsic materialsWhich extrinsic materials can be used?

In that event, police officers, frustrated by the irksome insistence of the suspect on the legal right to silence and the request for access to a lawyer, would simply lead him or her from the formal interview, conducted in the interview room, into the lockup or a tea room or some other facility monitored by surveillance devices, perhaps a bar or a public park, and there engage in banter, informal conversation and apparently innocent questioning.

In many situations, the search for context will not be laborious. The Courts and Judicial Powers 7.

ANU professor publishes ninth edition of 'pioneering' book on statutory interpretation

The issues for determination before the High Court were whether: the power of the Independent Broad-based Anti-corruption Commissioner 'IBAC' to hold an examination under Pt 6 of the Independent Broad-based Anti-corruption Commission Act Vic the 'Act' is exercisable in relation to persons or 'examinees' who have not been, but might subsequently be, charged and put on trial for an offence relating to the Statutory interpretation in Australia book matter of the examination; and section of the Act is effective to abrogate such an examinee's privilege against self-incrimination.

Of course, many statutes are interpreted every day by ordinary citizens, public administrators, and non-legal advisers, probably without difficulty. The Statutory interpretation in Australia book point is that rights are interfered with by Parliament. Our Statutory Universe Nevertheless, because in a rule of law society it is ultimately the responsibility of the judges to decide and explain the validity and meaning of contested or ambiguous legislation, it is natural that judges should give much attention to what they are doing.

For this reason, many of the so-called rules or principles of interpretation are no more than common-sense and grammatical aids that are applicable to any document by which one person endeavours to convey a message to another.Taken together, the book constitutes an essential overview of the manner in which legislation is to be construed and with it, and important account of the scope and limitations on state power.

Statutory Interpretation in Australia (8th Edition) (LexisNexis Butterworths, ). PRINCIPLES OF STATUTORY INTERPRETATION 2 of 7 Remedial laws are to be liberally construed. o An ambiguous statute that is intended to remedy a problem should be interpreted broadly, instead of narrowly, in order to address the problem.

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This site is like a library, Use search box in the widget to get ebook that you want.This book marries two well-known areas of law – public law pdf statutory interpretation.

The justification, which is well-founded, is that statutory interpretation is a branch of public law and is regulated by public law principles. The authors – all academics at Monash University – .The modern principle is the official approach to statutory interpretation download pdf Canada and is the foundation for the structure of this text.

The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation.statutory interpretation Download ebook interpretation or read online books in PDF, EPUB, Tuebl, and Mobi Format.

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