Author: Dennis Charles Pearce
Publisher:
ISBN: 9780409336955
Category : Law
Languages : en
Pages : 496
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Book Description
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts & tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become a vital tool of practice for anyone engaged in statutory interpretation.Geddes UNE; Pearce ANU.
Author: PERRY & PRINCE HERZFELD (THOMAS.)
Publisher:
ISBN: 9780455243603
Category :
Languages : en
Pages :
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Book Description
Author: Lisa Burton Crawford
Publisher:
ISBN: 9781760021528
Category : Law
Languages : en
Pages : 352
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Book Description
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.
Author: Jeffrey Barnes
Publisher:
ISBN: 9781760022099
Category :
Languages : en
Pages :
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Book Description
Statutory interpretation affects every area of law and is of growing scholarly interest given long-running debate about the coherence of statutory interpretation and the fact that the law of interpretation comprises 'frail guidelines'. This contributed work critically analyses the law in light of this debate. It examines areas where the law is coherent leading to confidence in the judiciary and the administration of the law. It also examines areas where the law is not coherent and is need of improvement.
Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460
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Book Description
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author: Michelle Sanson
Publisher: Oxford University Press, USA
ISBN: 9780190304577
Category : Law
Languages : en
Pages : 0
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Book Description
Includes a table of cases (pages xi-xix) and a table of statutes (pages xx-xxxii).
Author: Chad Jacobi
Publisher:
ISBN: 9780455500607
Category : Law
Languages : en
Pages : 222
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Book Description
Barrister Chad Jacobi has created a unique and practical reference work in Interpretation Acts: Origins and Meaning. It is based on the premise that the Interpretation Acts, which are key tools to reading legislation in the various Australian jurisdictions, themselves need to be read as statutes, the meanings of which must be ascertained. Lawyers are often confronted with the - sometimes urgent - need to understand these provisions in the context of litigation, particularly in areas highly affected by statutory interpretation, like public law as well as criminal law, succession law, industrial law and tax. This text helps practitioners grasp the "how, what and why" of these provisions by looking to their origins: how they have come about, what has changed and what the authoritative decisions on their meaning are today. It is the first publication of its kind in Australia, presenting history that is not merely interesting on its own terms, but is important in the very practical context of law in operation. It is a must for every law library, private and public.
Author: Donald James Gifford
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Examination of the general approaches to statutory interpretation, with a detailed focus on the rules developed by the courts. Leading authorities and representative cases relating to those rules are included. The author teaches law at rhe University of Queensland.
Author: Perry David Herzfeld
Publisher: Lawbook Company
ISBN: 9780455230979
Category : Civil law
Languages : en
Pages : 764
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Book Description
Provides a comprehensive account of the Australian law of interpretation. It covers interpretation in public law, private law and international law, as well as the interpretation of case law.
Author: Richard Ekins
Publisher: OUP Oxford
ISBN: 0191645931
Category : Law
Languages : en
Pages : 318
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Book Description
Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
