Public Law And Statutory Interpretation

Author : Lisa Burton Crawford,Janina Boughey,Melissa Castan,Maria O'Sullivan
Publisher : Unknown
Page : 352 pages
File Size : 42,7 Mb
Release : 2018-01-31
Category : Law
ISBN : 1760021520

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Public Law and Statutory Interpretation by Lisa Burton Crawford,Janina Boughey,Melissa Castan,Maria O'Sullivan Pdf

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 : Stéphane Beaulac
Publisher : Unknown
Page : 492 pages
File Size : 42,8 Mb
Release : 2008
Category : Civil rights
ISBN : 0433453389

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Handbook on Statutory Interpretation by Stéphane Beaulac Pdf

This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).

Author : Prue Vines,Scott Donald
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 2019-04-30
Category : Electronic
ISBN : 1760022055

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Statutory Interpreation in Private Law by Prue Vines,Scott Donald Pdf

Author : Jeffrey Barnes,Jacinta Dharmananda,Eamonn Moran
Publisher : Cambridge University Press
Page : 817 pages
File Size : 45,6 Mb
Release : 2023-01-10
Category : Law
ISBN : 9781108816021

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Modern Statutory Interpretation by Jeffrey Barnes,Jacinta Dharmananda,Eamonn Moran Pdf

Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.

Author : Craig Forcese,Adam Dodek,P. Bryden,Richard A. Haigh,Mary Liston,Constance MacIntosh
Publisher : Unknown
Page : 600 pages
File Size : 49,5 Mb
Release : 2020
Category : Public law
ISBN : 1772556122

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Public Law by Craig Forcese,Adam Dodek,P. Bryden,Richard A. Haigh,Mary Liston,Constance MacIntosh Pdf

Using carefully selected case excerpts, the text demonstrates concepts, principles, and theory in a direct and accessible manner. Cases are presented with insightful author commentary, offering a compelling, cohesive introduction to the subject of public law.--

Author : Ruth Sullivan
Publisher : Unknown
Page : 288 pages
File Size : 41,8 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062953224

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Statutory Interpretation by Ruth Sullivan Pdf

This book deciphers the often confusing and contradictory rules for interpreting legal documents and explains the way these rules relate to each other. The book goes beyond the content of the rules and focuses on their strategic use in constructing arguments and justifying outcomes.

Author : Anonim
Publisher : GRIN Verlag
Page : 23 pages
File Size : 50,9 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783346391414

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Law making is the Regime of Legislature. A Critical Overview of the Partnership Model by Anonim Pdf

Essay from the year 2021 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A, , language: English, abstract: The main topic of this paper is to frame a critique of the so-called partnership model in jurisdiction between the legislature and the judiciary- The hallmark of 19th and 20th century doctrines of interpretation has been that they premise themselves on the principle that a court ought to interpret law as it stands. The function of the court is to interpret the language of a statute, whereas it is for the legislature to make enactments and for the courts to enforce such enactments. Courts are not legislators, they have to carry out loyally the directions of the legislature. Two models of interpretation stands in present world, agency and partnership model. According to the agency model while interpreting a statute, the Court has to discover the intent of the legislature or the purpose behind legislation. The partnership model views the Court as a partner in legislative enterprise with legislature, hence, while interpreting a statute the Court should seek a sensible to avoid rigors of law. Judge does not create normative text but rather gives it meaning. The static vision of statutory interpretation prescribed by traditional doctrine is strikingly outdated. Interpretation of a statute evolves over time because of changing factual contexts and the changing perspectives of its interpreters. Statutory interpretation should appropriately balance a number of factors, including predictability and certainty, economic efficiency, fairness, and the public interest.

Author : David Dyzenhaus
Publisher : Hart Publishing
Page : 519 pages
File Size : 49,9 Mb
Release : 2004-03
Category : Law
ISBN : 9781841134345

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The Unity of Public Law by David Dyzenhaus Pdf

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

Author : Jeffrey Barnes
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2019-07
Category : Electronic
ISBN : 1760022098

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The Coherence of Statutory Interpretation by Jeffrey Barnes Pdf

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 : Andrew Burrows
Publisher : Cambridge University Press
Page : 165 pages
File Size : 42,8 Mb
Release : 2018-08-02
Category : Law
ISBN : 9781108475013

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Thinking About Statutes by Andrew Burrows Pdf

A practical and lively discussion of the English Law on statutes.

Author : Cameron Hutchison
Publisher : Unknown
Page : 152 pages
File Size : 47,7 Mb
Release : 2018
Category : Law
ISBN : 0433494921

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The Fundamentals of Statutory Interpretation by Cameron Hutchison Pdf

"The modern principle is the official approach to statutory interpretation in Canada and is the foundation for the structure of this text. The modern principle focuses on the language of a statutory provision in light of its purpose, intent and context, and Hutchison devotes separate chapters to each of these aspects of statutory interpretation. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent. In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when legislation may interfere with "vested rights.""--Publisher's website.

Author : Robert A. Katzmann
Publisher : Oxford University Press
Page : 256 pages
File Size : 50,7 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780199362141

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Judging Statutes by Robert A. Katzmann Pdf

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Author : Kent Greenawalt
Publisher : Oxford University Press
Page : 128 pages
File Size : 40,8 Mb
Release : 2012-11-12
Category : Law
ISBN : 9780199995936

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Statutory and Common Law Interpretation by Kent Greenawalt Pdf

As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles.

Author : William N. Eskridge,Philip P. Frickey,Elizabeth Garrett
Publisher : West Publishing Company
Page : 0 pages
File Size : 41,6 Mb
Release : 2000
Category : Law
ISBN : 1566627982

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Legislation and Statutory Interpretation by William N. Eskridge,Philip P. Frickey,Elizabeth Garrett Pdf

Written by the law professors who have rejuvenated the field, Legislation & Statutory Interpretation is an authoritative & accessible introduction to the theory & practice of legislative practice, including lobbying, & statutory interpretation. It is essential reading for the student of these subjects as well as by the private practitioner, government servant, or law professor. Among its many noteworthy features are the following: The integration of the most important & current thinking in political theory, philosophy, & even economics with cutting-edge issues of American public law, such as the legitimacy of aggressive judicial review of popular initiatives & referenda, the constitutionality of term limits & regulation of money in politics, the ambit of legislative immunities from lawsuit, the utility & persuasiveness of Justice Scalia's hard-hitting textualist theory of interpretation, & the proper role of the celebrated yet much-criticized canons of statutory interpretation. The book is practically useful as well as theoretically sophisticated, as it includes a meaty description of campaign finance & lobbying regulations as well as the previously incomprehensible federal budget process, in-depth analysis of leading constitutional & statutory interpretation cases (including the cases most reproduced in casebooks on legislation & the political process), & an invaluable appendix of the canons of statutory construction followed by the Rehnquist Court.

Author : Dennis Charles Pearce,Robert S. Geddes
Publisher : Unknown
Page : 496 pages
File Size : 54,7 Mb
Release : 2014
Category : Law
ISBN : 0409336955

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Statutory Interpretation in Australia by Dennis Charles Pearce,Robert S. Geddes Pdf

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.