The full text of this book review may be found by clicking on the pdf link below statutory interpretation has improved dramatically over the last generation, thanks to the extraordinary influence of justice scalia statutory text matters much more than it once did if the text is sufficiently clear. This feature is not available right now please try again later. This approach to statutory interpretation is based upon various assumptions and a basic common sense approach to interpreting a statute  dc pearce and rs geddes, statutory interpretation in australia (lexisnexis butterworths, 8 th ed, 2014) 146  brodie v singleton shire council (2001) 206 clr 512, 532 [31.
Interpretation have increasingly taken courts in australia away from the previous “literal”, or so-called “objective” or “plain meaning” approach to interpretation. Statutory interpretation is not just the judge or magistrate reading the legislation and giving it their ‘best guess’ the judge will call on several resources and tools to help him or her clarify the meaning of legislation these resources are collectively known as aids to statutory interpretation. Some people would argue that the whole purpose of the act was to prevent this sort of behaviour this is the purposive approach to statutory interpretation - instead of looking at the precise meaning of the word, a broader approach is taken.
Statutory interpretation (7041): (formerly law 425) statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice it is also an area of vibrant intellectual debate, as scholars, supreme court. On statutory interpretation (appendix a) and specifically requested that australian law schools map their coverage of statutory interpretation across the curriculum the lacc statement encompasses both the rules of statutory interpretation and the. Statutory interpretation: statutory interpretation refers to the action of courts/judges adding meanings to wording within legislation in doing so, they don't actually change the words themselves, only the definition that applies to the relevant wordings. Statutory interpretation in australia is one of the most cited books in judgments of australian courts and tribunals it has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation.
Chapter 3 statutory interpretation 31 the literal rule when faced with a piece of legislation, the courts are required to interpret its meaning so. Statutory interpretation - this workshop outlines key principles of statutory interpretation, and the issues that arise in practice and in the courts, and provides insights and methods to assist you to efficiently and effectively get to the legal meaning of legislation. The technique of statutory interpretation 85 in the particular case the significant legislative words then have to be isolated for this purpose the statute user must develop a technique of skimming through a legislative provision.
Highly readable text book which explains the complexity of interpreting legislation in south africa it describes the various origins of sa law, the history of interpretation and deals extensively with the impact of the constitution on this situation. Legislation dominates the contemporary legal landscape almost all fields of legal regulation involve legislation in some form the ability to interpret and understand the operation of legislation is a skill essential to understanding law and its operation. The confusion over statutory interpretation contrasts with the three other major branches of law- common law, administrative law, and constitutional law judges know pretty much how to decide a common-law case.
106 statutory interpretation of the mischief rule he wrote: “heydon’s case is an expression of the doctrine of ‘equitable construction’, which prevailed in the fifteenth and sixteenth centuries in those days the intent of the statute. ~~ statutory interpretation picture box ~~ once parliament has passed an act, it then falls to the courts to apply the statute in a particular case this can lead to difficulties where the facts of the case may not have been envisaged by parliament or where there exist drafting errors or ambiguity in the statute. Statutory interpretation assignment (public law) this student studied: university of new south wales - jurd7141 - principles of public law this is the mid-semester assignment for constitutional law for semester 1, 2013 at unsw the grade received was a distinction 2 ex credits 2 exchange credits. Statutory interpretation: background interpretation the meaning and intention of words or expressions in legislation is governed by the context in which the words are placed it can be unwise to consider the meaning of words in isolation the courts interpret words by reference to their context and purpose.