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| Statutory Interpretation - LAWS3281 | ||||||||||||||||||||||||||||||||||||||||||||||||||
Description The course looks at how statutes have been read and are being read by Australian courts. There are three components: first, the process and formalities of enacting statutes; second, the principles invoked by courts to govern their interpretation; and third, the schools of interpretation currently in play. The focus of the course is on how courts have approached actual statutes and real interpretation problems, and on what these approaches suggest about the relationship between the judiciary and the legislature.
Recommended Prior Knowledge None
Course Objectives Detailed familiarity with the formal features of statutes, and of the process of legislative enactment
Working knowledge of the principles governing the interpretation of statutes, especially as enunciated by the High Court of Australia Ability to deploy arguments in favour of certain constructions, and an appreciation of which arguments are more likely to succeed than others General understanding of the theoretical underpinnings of statute law, including knowledge of the different theoretical approaches in play Development by students of their own, coherent views about the respective roles of courts and Parliament Main Topics
Assessment In-class exam 10%
Optional essay 30% Take-home exam 40% or 70% Class participation 20% Course Texts Prescribed Recommended
Resources Students will need access to:
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