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NCJ Number: 221683 Find in a Library
Title: Statutory Interpretation: Principles and Pragmatism for a New Age
Corporate Author: Judicial Cmssn of New South Wales
Date Published: June 2007
Page Count: 247
Sponsoring Agency: Judicial Cmssn of New South Wales
Sydney NSW, 2000
Publication Number: ISBN 9780731356195
Sale Source: Judicial Cmssn of New South Wales
Level 5
301 George Street
Sydney NSW,
Type: Issue Overview; Legislation/Policy Analysis
Format: Book (Softbound)
Language: English
Country: Australia
Annotation: The essays in this monograph focus on the Australian judiciary's ongoing effort to grapple with the inherent linguistic ambiguity of statutes that gives rise to the principles and practice of statutory interpretation.
Abstract: The first essay draws attention to the responsibility of legislative drafters to be precise in their thought and expression, so that judges are not left to guess about what the legislators meant, such that the judges essentially become the final legislators. This essay also considers how a written Federal constitution influences the form and interpretation of statute law. A second essay explains that statutory interpretation is not merely a collection of maxims, but properly forms a distinct body of law. A third essay points out that the judicial experience of the meaning of particular legislation necessarily reflects the judge's attitudes, beliefs, and perceptions that have developed over the course of his/her legal education and career. A fourth essay discusses statutory interpretation in the context of a distinctive legislative creation, i.e., the Constitution of the Commonwealth of Australia. A fifth essay presents the author's insider account of the processes involved in drafting legislation, including the sources of legislative change and the preparation of explanatory memoranda and second-reading speeches. Another essay explains how, since 1980, parliaments have made a significant contribution to statutory interpretation and how courts have become increasingly willing to express the general interpretive principles on which their reasoning is based. Remaining essays examine American "purposivism" and statutory interpretation in Canada. Subject index and tables of statutes and cases
Main Term(s): Court procedures
Index Term(s): Foreign laws; Judicial activism; Judicial attitudes; Judicial restraint; Jurisprudence; Legislation
Note: Judicial Commission of New South Wales Education Monograph 4
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