Books on statutory interpretation in Australia are generally located at KL 35.1 K1.
Statutory interpretation in Australia
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Legislation is now the primary source of law in Australia. Nearly all legal transactions require attention to be given to Acts and other legislative instruments. An understanding of how legislation is to be interpreted is, thus, an essential part of every lawyer's skill set. For 50 years, courts, tribunals and legal practitioners have relied upon this text as their guide to the intricacies of statutory interpretation. In his Foreword to this 10th edition of Statutory Interpretation in Australia, Chief Justice Stephen Gageler AC of the High Court of Australia, has said: "For the whole of my professional life, judges and practitioners have turned to Statutory Interpretation in Australia as a standard work of reference. A copy of the ninth edition sits on my shelf. So will a copy of this historic edition...The separation of powers within our system of parliamentary democracy produces an inexorable relationship between the legislative and judicial branches of government. The legislative branch makes the law. The judicial branch declares and enforces the law as so made. The legislative branch speaks with constitutional authority. The judicial branch interprets with constitutional authority. The interpretation is through the application of consistent principles which can be taken to be known to the speaker. Through its clear and systematic identification and statement of those principles for half a century, Statutory Interpretation in Australia has contributed to the stability of that relationship.
Interpretation acts in Australia
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Interpretation Acts in Australia is a unique title providing a clear, precise and practical guide to the Interpretation Acts of each Australian jurisdiction. This second edition adds an extra 300 case references to the first edition. It covers the new Legislation Interpretation Act 2021 of South Australia and the amendments made to the Acts of the other jurisdictions since the publication of the first edition. It is an essential resource for all legal practitioners and other professionals dealing with legislation.
Public law and statutory interpretation : principles and practice
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This book provides an engaging, comprehensive and reader-friendly overview of Australian public law institutions and principles, together with the principles and process of statutory interpretation.
Statutory interpretation : principles and context
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Statutory interpretation has become the most important aspect of legal practice in Australia today, with many areas of law determined solely by statute. A strong understanding of the law and principles of statutory interpretation is essential for studying and practising law.
This text provides readers with an up-to-date analysis on the process and principles of statutory interpretation in Australia, together with a discussion on the Australian legislative process and how legislation operates.
The clear and accessible commentary guides readers through the modern approach to statutory interpretation, the role of the Acts Interpretation Acts and the main common law guides, rules and presumptions that assist the courts with interpreting legislation. The authors explain the use of extrinsic materials in the interpretation process, and cover the specific rules relating to remedial, penal and fiscal provisions in legislation. The discussion also includes the application of statutory interpretation to the Australian Constitution, to private law instruments such as contracts, deeds, wills and trusts, and in international law. The making and interpretation of delegated legislation is also covered. A chapter on researching legislation provides context to the practical application of legislation in solving legal problems.
Legislation and statutory interpretation
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This book is an invaluable resource for anyone studying legislation and statutory interpretation in Australia. It provides clear and informative discussion on:
the importance of legislation and statutory interpretation
the relationship between legislation and case law
the format of statutes and delegated legislation
the legislative process
the modern approach to statutory interpretation (including interpretation in context, the purposive approach, extrinsic evidence, common law presumptions and the effect of interpretation)
answering problem questions
how to research legislation
Statutory interpretation principles
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This text is an adaptation of Interpretation (2nd edition, Thomson Reuters, 2020), designed for student and lecturer use.
Statutory Interpretation Principles 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.
With its clear layout, including summary boxes to enhance its propositional style, this text is ideally suited to students and lecturers.
Interpretation
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This is the second edition of the work previously known as Interpretation and Use of Legal Sources. It covers all aspects of interpretation in Australian law.
Statutory interpretation in private law
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Statutory Interpretation in Private Law was cited in Fairfax Media Publications Pty Ltd v Gayle; The Age Company Pty Ltd v Gayle; The Federal Capital Press of Australia Pty Ltd v Gayle [2019] NSWCA 172In the past 50 years private law has undergone a revolution: statutes are now prevalent in every area. This book considers how judges in private law cases should respond to this change. How are statutes to be interpreted in this area with its deep historical roots, and is it reasonable to think that statutory interpretation might have different aspects and emphases in private law compared with public law?Divided into three parts: Introduction; Current Trends and Debates; and, Applications of Statutory Interpretation in Private Law, the book seeks to recognise the institutional reality of the statutory presence in private law. A distinguished group of authors including the Hon Tom Bathurst AC, Justice Mark Leeming and Justice Ashley Black, consider this question from a range of viewpoints. For example, the area of private law is full of transactional analysis - how different is the construction of contracts from statutory interpretation?The book canvasses some general questions about how statutory interpretation operates in private law, such as whether there should be a different concept of the principle of legality in private law, or whether parliamentary intention might include an understanding of private law. Particular applications such as the role of statutory interpretation in contributory negligence, defamation, directors' duties, consumer law and equity are also considered.
The coherence of statutory interpretation
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Statutory interpretation -- the law governing the determination of the meaning and effect of legislation -- is a major area of law. Indeed, with the rise of legislation as a source of law, it has come to dominate legal practice. Yet statutory interpretation has sometimes been derided by commentators. Is this criticism fair? Is the law in a state of disrepair? Or have its strengths and its inherent limitations been overlooked? This book critically examines, from multiple perspectives, the coherence of the principles and practice of statutory interpretation. The main questions it addresses are: is the law coherent and if so, what are those respects? And if in certain respects it is not coherent, how and why has this come about?Specifically, the book examines whether statutory interpretation has constitutional foundations and whether these lend coherence. It explores whether legislative drafting can anticipate statutory interpretation and whether this background aids coherence. It asks whether statutory interpretation has a coherent overall method. And it examines several important aspects of statutory interpretation to see whether reliance on them aids coherence. These aspects include the text of legislation, and whether it limits the judicial role; the presumption that Parliament intends the legislative purpose be promoted; Acts Interpretation Acts; and objects provisions.The contributions to the collection are written by distinguished commentators with expertise in statutory interpretation, including judges, barristers, Crown Counsel, parliamentary counsel, and academics.Examining coherence has the potential to bring significant benefits to the law and the wider community. To the extent the law of interpretation is found to be coherent, the examination increases the confidence in the judiciary and the administration of the law. To the extent it is not coherent, it produces material for consideration as to its improvement.
Interpretation acts : origins and meaning
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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.
