Buch, Englisch, 352 Seiten, Format (B × H): 160 mm x 248 mm, Gewicht: 708 g
Buch, Englisch, 352 Seiten, Format (B × H): 160 mm x 248 mm, Gewicht: 708 g
ISBN: 978-1-86287-556-2
Verlag: Federation Press
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.
Fachgebiete
Weitere Infos & Material
Contents Foreword by Michael Coper Acknowledgments/List of Contributors/Table of Cases/Table of Statutes Introduction Susan Corcoran Part I Fundamental Themes Theories of Statutory Interpretation Suzanne Corcoran The Architecture of Interpretation: Dynamic Practice and Constitutional Principles Suzanne Corcoran Statutes and the Common Law: The Continuing Story Paul Finn The Interpretation of the Constitution Leslie Zines Ethical Interpretation and Democratic Positivism Tom Campbell Part II Specific Areas of Law Human Rights and Statutory Interpretation Hilary Charlesworth Conceiving of Tradition: Dynamics of Judicial Interpretation and Explanation in Native Title Law Anthony Connolly A Framework for Understanding the Interpretation of Corporate Law in Australia Stephen Bottomley Employment Law — A Test of Coherence Between Statute and Common Law Phillipa Weeks Codifying the Criminal Law: Issues of Interpretation Miriam Gani Interpreting Law Enforcement Immunities: The Relationship Between Judicial, Legislative and Administrative Models Simon Bronitt Interpretive Approaches of the Tribunals and Courts in Discrimination Law Peter Bailey, Rachel Callinan and Anna Dziedzic Interpreting Family Law: A Case for Legislative Principles and Presumptions Regulating the Making of Parenting Orders Juliet Behrens Health Legislation: Interpretation Coherent with Conscience and International Human Rights Thomas Faunce Index
