Statutory Interpretation: Principles and Context

Abstract

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. Show more