The fundamentals of statutory interpretation lexisnexis. They are central to the work of legal forums, government tribunals and government agencies. But the topic of this chapter is statutory interpretation in general, including in australia and new zealand as well as in britain, and not in cases to which the human rights act 1998 uk applies. Access is from the ato law aids category on the legal database. Search results for statutory interpretation in australia 9780409340563.
Statutory interpretation in australia, 9th edition. This site is like a library, use search box in the widget to get ebook that you want. On june 15, our friends at eagan published a brilliant and in some ways strange book that should be in every law library, since it is as my headline says the most important book on statutes this millennium. Statutory interpretation, 2nd edition by michelle sanson.
This book is the essential guide for this fundamental area of law. This was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed. Statutory interpretation in australia, 8th edition hard. The law library of victoria service is totally digital while the supreme court library is temporarily closed. Illustrates the basic rules and discusses the internal and external aids to construction and of presumption. It provides a comprehensive text for teaching and studying the law of statutory interpretation in australia as part of first year, elective and advanced undergraduate courses. Statutory interpretation in australia is one of the most cited books in judgments of australian courts and tribunals. One of the most cited texts on australian law, statutory interpretation in australia has come a long way since its first edition was published in 1974. This is an ato publication giving bitesize commentary on recent statutory interpretation cases and important principles. The basic principles governing statutory interpretation are repeatedly stated, without apparent disagreement, in decisions of the high court of australia.
It is structured to align with the length of a typical semester. Your rights as a customer to access and use the proview software and a proview ebook are subject to acceptance of the proview content licence agreement nb. Despite the vast number of authorities dealing with one aspect or another of the field and the numerous statements and repeated application of the major rules of statutory interpretation, a knowledge of those rules is not in itself sufficient to guide the lawyer in the interpretation of a statute. Related titles pearce, interpretation acts in australia, 2018 pearce. Written in an accessible, easytounderstand manner, this authoritative volume is particularly useful because it. Statutory interpretation is a more difficult area to master than might at first sight appear. Anu professor publishes ninth edition of pioneering book. Statutory interpretation in australia, 7th edition pearce, d c and geddes, r s on. Statutory interpretation law all guides at rmit university. Statutory interpretation in australia, 9th edition by. Click download or read online button to get statutory interpretation in australia book now.
Synopsis this important book sets statutory interpretation in its historical background and outlines the views of the great english jurists. Judge posner spoke for about 35 minutes, then took questions for another half hour. The hon michael kirby ac cmg statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by australian lawyers. The book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice. The most important book on statutory interpretation since. Statutory interpretation in australia 8 textbooks jekkle. Statutory interpretation in australia the law library of. For decades, lawyers have debated the proper scope of this hypothetical law. The book is intentionally aligned with the length of a typical semester, and in addition to research and analysis of statutory interpretation rules and principles, case scenarios and application exercises are provided. Statutory interpretation in australia, 8th edition pearce. Cquni bookshop statutory interpretation in australia. The rules of statutory interpretation are at the crux of many legal disputes. Statutory interpretation in australia 9780409322330 and a great selection of similar new, used and collectible books available now at great prices.
Emeritus professor dennis pearce ao, faal is an emeritus professor at the college of law, australian national university, and a consultant at hwl ebsworth lawyers. Practical application related titles geddes, quick reference card. Particular regard paid to the general statements of the high court explaining the modern approach to statutory interpretation. Statutory interpretation 2nd edition revitalises learning of statutory interpretation as a living, breathing and dynamic tool for understanding and applying the law. This text is an adaptation of interpretation and use of legal sources the laws of australia, designed for student and lecturer use. Read download statutory interpretation pdf pdf download. The fundamentals of statutory interpretation is a musthave resource for anyone seeking to gain insight into statutory interpretation in canada. In the late 1960s, we were beginning to cut ties to this notion. Statutory interpretation pdf thomson reuters australia.
Practitioners and students of all legal disciplines must master these rules and know how to apply them to support their legal claims. It is aimed at improving awareness about statutory interpretation. There are two possible methods of investigating how the doctrine of parliamentary sovereignty helps determine the way in which statutes should be. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park.
Statutory interpretation 2nd edition revitalises learning of statutory interpretation as a living, breathing and dynamic tool for understanding and applying the law the book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice. Presumptions and statutory interpretation were considered in potter v minhan. Harrison principles of evidence 2nd edition frank bates documentary evidence in australia 1988 edition r. Statutory interpretation in australia e9 hardcover law. An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation. Statutory interpretation in australia by dennis pearce. Manchester, colin and salter, david, manchester and salter on e xploring the l aw.
This new edition provides a comprehensive analysis of the contemporary approach of english courts to the interpretation of statutes. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. Brown handbook on damages 1992 edition adrian mcinnes q. Statutory interpretation laws1052 uni study guides. The fundamentals of statutory interpretation this book analyzes the modern principle of statutory interpretation as described by canadian courts. According to the author, they involve deriving meaning from close consideration of the text, context and purpose policy of any contested provisions. New south wales to prepare a good practice guide to teaching statutory interpretation. Australias leading authority on statutory interpretation, emeritus professor dennis pearce ao, faal, has published the ninth edition of his book on the subject. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Statutory interpretation is a concise, systematic introduction to the general principles of statutory interpretation. The 9th edition has been restructured to make access to the many cases that provide guidance to the application of the various rules of interpretation more accessible and also to make the book more.
Quick reference card statutory interpretation jekkle. It can only rule on the legislation as it standseven if it is in the process of. Statutory interpretation, by ruth sullivan, takes the mystery out of interpreting legal documents. It is impossible to do anything in law without interpreting the words of others and anticipating how others will interpret or misinterpret ones own words. This book has for over 40 years been the principal guide in australia to the interpretation it is regularly cited by all levels of the court system. Legal disputes nowadays almost always involve some element of statutory interpretation. Statutory interpretation the process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. The book deciphers the often confusing and contradictory rules of interpretation and explains the way these rules relate to each other. An understanding of the rules and approaches evolved by the courts and parliaments to determine the meaning of legislation is essential to anyone involved in advising persons, including governments, of their legal rights and obligations. An understanding of the rules and approaches evolved by the courts and parliaments to determine the meaning of legislation is essential to anyone involved in advising. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of supreme court practice.
Forty years on since the first edition was published and eight editions later statutory interpretation in australia remains the preeminent text on the subject statutory interpretation in australia, 8th edition concentrates on statements of the courts and tribunals describing approaches, assumptions and techniques of interpretation, as well as the application of these in ones work. You can access video of his talk on the columbia law website as you can see from the footage, judge posner. He contended that he is not an immigrant he was born in victoria, but moved to china in his fancy 26 years ago. Parliamentary sovereignty and statutory interpretation.
Statutory interpretation in australia download ebook pdf. It has become an essential tool of practice for anyone engaged in statutory interpretation. Statutory interpretation responds to a recognized need for students to have improved skills in statutory interpretation. Statutory interpretation in australia 9780409340563 zookal. Its strangeness is due to the identity of its authors the fiercely intelligent and challenging justice antonin scalia the senior justice. See more ideas about statutory interpretation, barnet and abc news. Statutory interpretation principles the laws of australia. Statutory interpretation in australia 4th edition pearce ad geddes the law or torts 3rd edition john g fleming law and conduct of the legal profession in qld 1948 edition w. Dennis is also the author of lexisnexis titles statutory interpretation 8th edition with r s geddes and administrative appeals tribunal 4th edition. Buy statutory interpretation in australia by dennis pearce 9780409350562 2019 from. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating to the particular statute in question.
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