Modern Statutory Interpretation
Framework, Principles and Practice
Published on 10. January 2023
Book
Paperback/Softback
818 pages
978-1-108-81602-1 (ISBN)
Description
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.
More details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
College/higher education
Edition type
New edition
Product notice
Paperback (trade)
Illustrations
Worked examples or Exercises
Dimensions
Height: 242 mm
Width: 170 mm
Thickness: 42 mm
Weight
1383 gr
ISBN-13
978-1-108-81602-1 (9781108816021)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Jeffrey Barnes | Jacinta Dharmananda | Eamonn Moran
Modern Statutory Interpretation
Framework, Principles and Practice
E-Book
01/2023
Cambridge University Press
€132.99
Available for download
Jeffrey Barnes | Jacinta Dharmananda | Eamonn Moran
Modern Statutory Interpretation
E-Book
01/2023
Cambridge University Press
€132.99
Available for download
Persons
Dr Jeffrey Barnes is an Associate Professor in La Trobe Law School at La Trobe University. He assisted the Law Admissions Consultative Committee in preparing the Statement on Statutory Interpretation (Law Admissions Consultative Committee, 2010). Following that involvement, he was appointed the lead author of the Council of Australian Law Deans Good Practice Guide to Teaching Statutory Interpretation (Council of Australian Law Deans, 2015). He is the editor of The Coherence of Statutory Interpretation (The Federation Press, 2019). He has written a number of other texts on the topics of statutory interpretation, legislative drafting, the legislative process and administrative law. His doctorate was on the Plain Language Movement and legislation. In addition to producing scholarly writing, he has practised law widely, including as a parliamentary counsel for the NSW Parliamentary Counsel's Office, as Associate to the Chairman of and Law Reform Officer at the Australian Law Reform Commission, as Project Officer with the Administrative Review Council, and as a Legal Member (part-time) of the Social Security Appeals Tribunal. He has also been engaged by various government agencies as a consultant on statutory interpretation. His past academic appointments include Foundation Director of Teaching and Learning at La Trobe Law School, and Co-editor of Legal Education Review. In 2009 he developed and taught an elective subject on statutory interpretation, and since 2013 has developed and taught compulsory subjects wholly devoted to statutory interpretation for LLB and Juris Doctor students.
Content
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.