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.
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.
Dr Jeffrey Barnes is an Associate Professor in La Trobe Law School at La Trobe University. He assisted the Law Admissions Consultative Committee in preparing the Statement on Statutory Interpretation (Law Admissions Consultative Committee, 2010). Following that involvement, he was appointed the lead author of the Council of Australian Law Deans Good Practice Guide to Teaching Statutory Interpretation (Council of Australian Law Deans, 2015). He is the editor of The Coherence of Statutory Interpretation (The Federation Press, 2019). He has written a number of other texts on the topics of statutory interpretation, legislative drafting, the legislative process and administrative law. His doctorate was on the Plain Language Movement and legislation. In addition to producing scholarly writing, he has practised law widely, including as a parliamentary counsel for the NSW Parliamentary Counsel's Office, as Associate to the Chairman of and Law Reform Officer at the Australian Law Reform Commission, as Project Officer with the Administrative Review Council, and as a Legal Member (part-time) of the Social Security Appeals Tribunal. He has also been engaged by various government agencies as a consultant on statutory interpretation. His past academic appointments include Foundation Director of Teaching and Learning at La Trobe Law School, and Co-editor of Legal Education Review. In 2009 he developed and taught an elective subject on statutory interpretation, and since 2013 has developed and taught compulsory subjects wholly devoted to statutory interpretation for LLB and Juris Doctor students.
Inhaltsangabe
Part I. Background 1. The nature of statutory interpretation 2. A modern history of key concepts 3. Constitutional context Part II. The Framework of Statutory Interpretation: 4. Legislative intent 5. The judicial duty to be independent 6. Text-based interpretation 7. Context 8. Purpose 9. Practical techniques Part III. Working with Legislation: Broader Skills and Knowledge: 10. Legislative drafting 11. Enactment procedure 12. Commencement 13. Structure and components of an Act 14. Problem analysis: sources of doubt Part IV. The Provision, and the Act as a Whole: 15. The language of the provision 16. The effect of drafting styles 17. Special categories of legislation: the interpretation of remedial, penal and revenue provisions 18. Linguistic canons 19. The 'always speaking' approach 20. The scheme and components of an Act Part V. Legislative History: 21. Legislative antecedents (evolution) including subsequent amending Acts 22. Pre-existing common law 23. Background facts and circumstances 24. Extrinsic materials - pre-parliamentary and parliamentary materials Part VI. Interpretation Acts and Other Acts of General Application: 25. Interpretation Acts 26. Other Acts of general application Part VII. The Wider Context: 27. Consequences 28. The principle of legality 29. Use of the statute book and legislation of other jurisdictions 30. Use of precedent 31. International treaties and materials 32. Other common law presumptions and aids 33. Inadmissible considerations Part VIII. Special Interpretative Issues: 34. Remedial constructions for drafting errors 35. Provisions in apparent conflict 36. Statutory powers and their characterisation: discretion or duty? 37. The effect of non-compliance with a statutory requirement 38. Statutory reasonableness 39. Presumption against retrospective operation 40. Presumption against application to government and other Crown entities 41. Presumption against extraterritorial operation 42. Mental ingredient of statutory offences 43. Delegated legislation Appendix A. Glossary Appendix B. Bibliography.
Part I. Background 1. The nature of statutory interpretation 2. A modern history of key concepts 3. Constitutional context Part II. The Framework of Statutory Interpretation: 4. Legislative intent 5. The judicial duty to be independent 6. Text-based interpretation 7. Context 8. Purpose 9. Practical techniques Part III. Working with Legislation: Broader Skills and Knowledge: 10. Legislative drafting 11. Enactment procedure 12. Commencement 13. Structure and components of an Act 14. Problem analysis: sources of doubt Part IV. The Provision, and the Act as a Whole: 15. The language of the provision 16. The effect of drafting styles 17. Special categories of legislation: the interpretation of remedial, penal and revenue provisions 18. Linguistic canons 19. The 'always speaking' approach 20. The scheme and components of an Act Part V. Legislative History: 21. Legislative antecedents (evolution) including subsequent amending Acts 22. Pre-existing common law 23. Background facts and circumstances 24. Extrinsic materials - pre-parliamentary and parliamentary materials Part VI. Interpretation Acts and Other Acts of General Application: 25. Interpretation Acts 26. Other Acts of general application Part VII. The Wider Context: 27. Consequences 28. The principle of legality 29. Use of the statute book and legislation of other jurisdictions 30. Use of precedent 31. International treaties and materials 32. Other common law presumptions and aids 33. Inadmissible considerations Part VIII. Special Interpretative Issues: 34. Remedial constructions for drafting errors 35. Provisions in apparent conflict 36. Statutory powers and their characterisation: discretion or duty? 37. The effect of non-compliance with a statutory requirement 38. Statutory reasonableness 39. Presumption against retrospective operation 40. Presumption against application to government and other Crown entities 41. Presumption against extraterritorial operation 42. Mental ingredient of statutory offences 43. Delegated legislation Appendix A. Glossary Appendix B. Bibliography.
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