Interpreting Statutes

Capa
Suzanne Corcoran, Stephen Bottomley
Federation Press, 2005 - 330 páginas
Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
 

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Conteúdo

Theories of Statutory Interpretation
8
Dynamic Practice
31
6680
51
The Continuing Story
52
The Interpretation of the Constitution
64
Ethical Interpretation and Democratic Positivism
83
Human Rights and Statutory Interpretation
100
Dynamics of Judicial Interpretation
118
199 204205 216217
199
The Relationship
223
205 229 307
228
201
236
Interpretive Approaches of the Tribunals and Courts
250
Queensland
253
262
262
Victoria
272

Commonwealth
138
A Framework for Understanding the Interpretation of Corporate
147
Corporations Regulations 2001 Cth
150
Corporations
157
Employment Law A Test of Coherence Between Statute
166
Issues of Interpretation
197
A Case for Legislative Principles
278
Interpretation Coherent with Conscience
299
Interpretation Act 1984
306
Index
318
Northern Territory
321
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