Interpreting StatutesSuzanne Corcoran, Stephen Bottomley Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes. |
Contents
8 | |
Constitutional Principles | 31 |
66 80 | 51 |
The Continuing Story | 52 |
The Interpretation of the Constitution | 64 |
Ethical Interpretation and Democratic Positivism | 83 |
Human Rights and Statutory Interpretation | 100 |
18 | 111 |
199 204205 216217 | 199 |
The Relationship | 223 |
205 229 307 | 228 |
2629 | 234 |
248249 | 236 |
Interpretive Approaches of the Tribunals and Courts | 250 |
Queensland | 253 |
Criminal Law Undercover Operations | 271 |
Dynamics of Judicial Interpretation | 118 |
A Framework for Understanding the Interpretation of Corporate | 147 |
Corporations Regulations 2001 Cth | 150 |
2526 58 156 210 214 | 156 |
Corporations | 157 |
Employment Law A Test of Coherence Between Statute | 166 |
Issues of Interpretation | 197 |
A Case for Legislative Principles | 278 |
Interpretation Coherent with Conscience | 299 |
Interpretation Act 1984 | 306 |
318 | |
321 | |
Common terms and phrases
action adopted Appeal apply approach argued argument Australian authority belief breach Chapter claim claimant clear Code codification common law Commonwealth concept concerned conduct considered consistent Constitution construction contract corporate Court Crimes Criminal Code criminal law decision definition described determination discrimination discussion dismissal doctrine duty effect employee employment essay evidence example express fact Federal further give given Human Rights Ibid implied important industrial intention interests involved issue judges judicial jurisdictions Justice legislation limited Lord majority matter meaning noted offences operation Parliament particular person police practice principles protection provisions question reason reference regard regulation relation relationship relevant requirement responsibility Review role rules similar specific standards statement statute statutory interpretation substantial system of law term termination theory traditional tribunals unfair United