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Statutory Interpretation in Australia (eBook)
Pearce, D C and Geddes, R S
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Format: ePub , Digital
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The rules of statutory interpretation are at the crux of many legal disputes. They are central to the work of legal forums, government tribunals and government agencies. Practitioners and students of all legal disciplines must master these rules and know how to apply them to support their legal claims.
This book is the essential guide for this fundamental area of law. It treats the approaches, assumptions and techniques of statutory interpretation with precision and clarity. It provides full exposition of the use of extrinsic materials.
Authority is ensured by multiple references to the statements of courts and tribunals, allowing the practitioner and student to select those that best suit their purposes. This book considers a vast number of cases, providing nuance to every principle.
This book acts as a guide to some of the practical questions of interpretation of legislation as it arises in Australia today. It concentrates on:
1. Enactments of the Australian legislatures - directing people in how to interpret legislation, with particular emphasis use of extrinsic materials.
2. Statements of the courts and tribunals - approaches, assumptions and techniques of interpretation, as well as the application of these in one's work.
About the Authors:
Professor Pearce is Australia's leading authority on statutory interpretation and has experience as an academic, a past Commonwealth Ombudsman and a consultant in private practice.
Associate Professor Geddes has taught statutory interpretation for many years and is the principal author of the material on statutory interpretation in Laying Down the Law.
Table of Contents:
2. Approaches to the interpretation of legislation
3. Extrinsic aids to interpretation
4. Intrinsic or grammatical aids to interpretation
5. Legal assumptions
6. Interpretation acts and sections
7. Interpretation of repealing acts, amending acts and acts incorporating other statutes
8. Interpretation of consolidating, reprinted and codifying acts
9. Interpretation of remedial, penal and fiscal provisions
10. Retrospective operation of legislation
11. Obligatory and discretionary provisions
12. Drafting conventions and expressions