Statutory Interpretation Principles Second Edition

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.

Topics include:

statutory interpretation, covering:

• approaches to statutory interpretation, from historical rules to the modern approach;
• the meaning of words, definitions and deeming, and words with established meanings;
• construction as a whole and canons of construction;
• the use of purpose and extrinsic material as an aid to statutory interpretation;
• preseumptions of statutory interpretations;
• rules about particular kinds of statute, including criminal statutes, taxing statutes and human rights statutes; and
• amendment, repeal, commencement and duration of statutes.

subordinate legislation, covering:

• the language and effect of emplowering provisions;
• grounds of invalidity of subordinate legislation; and
• interpretation of subordinate legislation; and

constitutional interpretation, covering both the Commonwealth Constitution and State and Territory Constitutions.

Given the importance and increasing dominance of statutes in contemporary Australian law, Statutory Interpretation Principles is an essential and continual reference for students and lecturers alike.

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PART 1: STATUTES

SECTION 1: OVERVIEW

Chapter 1: General Principles

SECTION 2: TEXT

Chapter 2: Meaning of Words

Chapter 3: Definitions and Deeming

Chapter 4: Words with Established Meanings

SECTION 3: CONTEXT

Chapter 5: Construction as a whole

Chapter 6: Linguistic Canons of Construction

Chapter 7: Purpose

Chapter 8: Extrinsic Material

SECTION 4: PRESUMPTIONS

Chapter 9: Presumptions of Construction

Chapter 10: Rules about Particular Kinds of Act

SECTION 5: MECHANICS OF LEGISLATION

Chapter 11: Amendments and Repeals

Chapter 12: Commencement and Duration

PART 2: SUBORDINATE LEGISLATION

Chapter 13: Nature and Validity of Suboirdinate Legislation

Chapter 14: Interpretation and Repeal of Subordinate Legislation

Chapter 15: Commonwealth Constitution

Chapter 16: State and Territory Constitutions