Everyday low prices and free delivery on eligible orders. Buy hd public law and statutory interpretation exam notes on studentvip notes, australia s largest notes exchange. Public law and statutory interpretation federation press. This course will provide an advanced study of the rules and principles governing statutory interpretation. 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. This book will be useful to scholars and practitioners seeking to understand the foundational principles of australian public law, or statutory interpretation. In the late 1960s, we were beginning to cut ties to. Statutory interpretation is the process by which courts interpret and apply legislation. Statutory interpretation principles the laws of australia. Presumptions and statutory interpretation were considered in potter v minhan. Anu professor publishes ninth edition of pioneering book.
Statutory interpretation is a concise, systematic introduction to the general principles of statutory interpretation. Legal disputes nowadays almost always involve some element of statutory interpretation. Statutory interpretation thomson reuters australia. Statutory interpretation, 2nd edition by michelle sanson. Statutory interpretation in australia the law library of. Statutory interpretation in australia hardcover book free. Statutory interpretation pdf thomson reuters australia.
An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation. Statutory interpretation by dr donald gifford, brings together the various. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated. Books are often classified as statutory books and statistical books. The ability to interpret and understand the operation of legislation is a skill essential to understanding law and its operation. Guide to interpreting nsw legislation references in this guide to statutory provisions are references to provisions of the interpretation act 1987, except where indicated.
Statutory interpretation lecture notes law teacher. Summary this book seeks to provide legal practitioners and students with a guide to some of the practical questions of interpretation in legislation as they arise in australia today. 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. The basic principles governing statutory interpretation are repeatedly stated, without apparent disagreement, in decisions of the high court of australia. What are the best articles, books, and cases that discuss. This one introduces the subject and looks at why we need i.
Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. This book is an invaluable resource for anyone studying or teaching legislation and statutory interpretation in australia. Practitioners and students of all legal disciplines must master these rules and know how to apply them to support their legal claims. The rules of statutory interpretation are at the crux of many legal disputes. According to the author, they involve deriving meaning from close consideration of the text, context and purpose policy of any contested provisions. 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.
In general, books on statutory intepretation in australia are located at kl 35. On the one hand 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. To this time, statutory interpretation has not been given the importance in australian law schools that its significance for the daily practice of the law demands. 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. Statutory interpretation responds to a recognized need for students to have improved skills in statutory interpretation. It has become an essential tool of practice for anyone engaged in statutory interpretation. View copies of statutory interpretation in australia by d c pearce 9780409340563 on studentvip. 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. Related titles pearce, interpretation acts in australia, 2018 pearce. This book has for over 40 years been the principal guide in australia to the interpretation of legislation.
This is also referred to as statutory construction. An understanding of the rules and approaches evolved by the courts and parliaments to determine the meaning of. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. Parliamentary sovereignty and statutory interpretation. The purposive approach sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment a statute, part of a statute, or a clause of a constitution within the context of the laws purpose. Sometimes the words of a statute have a plain and a straightforward meaning. The book is specifically designed to engage students with statutory interpretation and equip them with improved skills required for future legal practice.
Statutory interpretation principles the laws of australia is a comprehensive text book for teaching and studying the law of statutory interpretation in australia, as part of first year, elective and advanced undergraduate courses. This site is like a library, use search box in the widget to get ebook that you want. The former inform the fundamental nature of the australian legal system. As stated by dc pearce and rs geddes in their book on statutory interpretation. Environmental law australia statutory interpretation basics. It is aimed at improving awareness about statutory interpretation. Statutory interpretation in australia, 9th edition by dennis pearce. He contended that he is not an immigrant he was born in victoria, but moved to china in his fancy 26 years ago. A practical lawyering course coursebook levin, hillel on. Statutory interpretation in australia, 8th edition pearce, d. Statutory company record after incorporation you will be required to maintain the following documents. The most important book on statutory interpretation since. Statutory interpretation in australia e9 hardcover law. Click download or read online button to get statutory interpretation book now.
This book is a classic in the area and provides a clear and lucid account of the area. Statutory interpretation and parliamentary intention the. Statutory and nonstatutory books of hong kong company. That ambiguity arises frequently from the use of general words. Access is from the ato law aids category on the legal database.
Interpretation of statutes and principles of legislation book pdf. R s geddes this book seeks to provide legal practitioners and students with a guide to some of the practical questions of interpretation in legislation as they arise in australia today. The fundamentals of statutory interpretation lexisnexis. The secondary aim of this essay is to examine the quote that they are rather crude labels for describing a complex mechanism, i. This book provides new insights into the theory and practice of statutory interpretation by courts. It is regularly cited by all levels of the court system. Statutory interpretation by dr donald gifford, brings together the various strands of statutory interpretation and provides an invaluable overview of a subject which is normally touched on by the courts only as an incident to deciding the particular cases currently before them. Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of american law. Buy statutory interpretation 3 by cross, rupert isbn.
The first of a series of videos looking at statutory interpretation. This guide is intended only to provide general information to assist readers in the interpretation of legislation and is not intended to have any legal effect. 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 laws1052 uni study guides. The term principle of legality is a unifying concept in australia said to encompass a broad range of common law principles of statutory interpretation. The primary aim of this essay is to explain the reasons and application of rules of statutory interpretation. Read this article to learn about the statutory books to be maintained by a company. There has been a noticeable shift in the expression of law from court judgments to expositions. It can only rule on the legislation as it standseven if it is in the process of. They are central to the work of legal forums, government tribunals and government agencies. Dennis is also the author of lexisnexis titles statutory interpretation 8th edition with r s geddes and administrative appeals tribunal 4th edition. D c pearce legal disputes nowadays almost always involve some element of statutory interpretation. There is a tremendous output of federal, state and territory legislation.
Jan 16, 2009 statutory interpretation and parliamentary intention volume 52 issue 3 j. Interpretation of statutes and principles of legislation. It is the principles developed by courts for interpreting statutes. Inspire a love of reading with prime book box for kids discover delightful childrens books with prime book box, a subscription that delivers new books every 1, 2, or 3 months new customers receive 30% off your first box. Statutory interpretation in australia, 7th edition pearce, d c and geddes, r s on. Statutory interpretation in australia is one of the most cited books in judgments of australian courts and tribunals. Students who have encountered statue law in a variety of contexts criminal law, torts law, administrative. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. Buy statutory interpretation in australia by dennis pearce 9780409350562 2019 from. Statutory interpretation in australia download ebook pdf.
Statutory interpretation australian legal text finder library. Statutory interpretation in australia, 9th edition. Dennis charles subjects law interpretation and construction australia law australia interpretation and construction. The theory and practice of statutory interpretation frank b. An act commences on the date of assent except so far as the act otherwise expressly provides.
This approach to statutory interpretation is based upon various assumptions and a basic common sense approach to interpreting a statute. Statutory interpretation in australia 9780409322330 and a great selection of similar new, used and collectible books available now at great prices. Statutory interpretation in the us is pretty complicated, and involves a number of inquiries that are often at odds with each other. 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. For decades, lawyers have debated the proper scope of this hypothetical law. But in most cases, there is some ambiguity or vagueness in the. 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. Abebooks, an amazon company, offers millions of new, used, and outofprint books.
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. Register of directors and secretaries register of members written records of sole member if applicable written record of sole director if. 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. Statutory interpretation in australia 9780409340563 zookal. 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. This change is now also gaining support in australia. This statement basically asserts that with regards to statutory interpretation, there has been changing approaches of interpretation influenced by the human right act 1998 hra. Statutory interpretation and legislative drafting wildy. Originally published in 1990 the text is available again as. For this reason, many of the socalled rules or principles of interpretation are no more than commonsense and grammatical aids that are applicable to any document by which one person endeavours to convey a message to another. Download interpretation of statutes and principles of legislation book pdf for 2nd year students.
This is an ato publication giving bitesize commentary on recent statutory interpretation cases and important principles. Statutory interpretation in australia, 7th edition. Statutory interpretation basics for nonlawyers in australia three basic steps the following three steps will resolve 95% of problems involving the interpretation of acts of parliament normally called statutes or legislation, regulations subordinate legislation, planning schemes and conditions of planning approvals in australia. Statutory interpretation in australia, 9th edition hardback.
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, 8th edition hard. Statutory interpretation law and legal definition uslegal, inc. This book is the essential guide for this fundamental area of law. Nov, 2015 would you like to find out what information is your hong kong company required to maintain. Baker skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Interpretation act 1987 nsw s34, interpretation of legislation act 1984 vic s35, interpretation act 1984 wa s19, acts interpretation act 1931 tas s8b, interpretation act nt s62b, legislation act 2001 act s9, interpretation act 1979 ni s10c. Statistical books refer to books of account and such other record books like an inventory. Statutory interpretation as a common law process 3 you frequently. Anu professor publishes ninth edition of pioneering book on. Statutory interpretation in australia, 9th edition lexisnexis australia. Statutory interpretation in australia paperback book free.
Buy legislation and statutory interpretation e4 online from the law institute of victoria. Interpretation, interaction, improvement ebook, by andrew burrow, isbn 9781108693073, published by cambridge university press from. Some amount of interpretation is often necessary when a case involves a statute. Though it admittedly has altered the way in which judges interpret statutes, it has not. Nevertheless, the high court of australia by its actual analysis, as shown in the above decisions, has indicated the current approach to statutory interpretation involving the use of text, context and purpose. This new edition provides a comprehensive analysis of the contemporary approach of english courts to the interpretation of statutes. Its strangeness is due to the identity of its authors the fiercely intelligent and challenging justice antonin scalia the senior justice. Statutory interpretation in australia 8 textbooks jekkle.
Statutory interpretation is the act or process of interpreting and applying legislation. Statutory interpretation in australia d c pearce, r s. Claire has a phd in international law and is the author of several books, book chapters and journal articles in. The law library of victoria service is totally digital while the supreme court library is temporarily closed. 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 readable. Statutory interpretation in australia e9 softcover law institute of. Statutory interpretation commencement and jurisdiction s15a of acts interpretation act aia 1954 states. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. Past editions of the book i launch today have been an indispensable aid to statutory interpretation for australian lawyers and courts. Click download or read online button to get statutory interpretation in australia book now. The notion that a word of the english language has a single, objective and scientific meaning, that had only to be discovered. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation. Sometimes the words of a statute have a plain and straightforward meaning. The fundamentals of statutory interpretation this book analyzes the modern principle of statutory interpretation as described by canadian courts.
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