Statutory Interpretation - LAWS3281

Description

Recommended Prior Knowledge

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

• The legislative process.
• Purpose, context and extrinsic materials in reading statutes.
• Interpretation Acts and linguistic presumptions.
• Substantive presumptions, including presumptions in protection of civil liberties.
• Temporal and geographic limitations on statutes.
• Inconsistencies, repeals, amendments and consolidations.
• Statutes with a long judicial history, and the relationship between statutes and the common law.
• Theories of interpretation.

Assessment

1. In-class exam - 10%
2. Optional essay - 30%
3. Take-home exam - 40% or 70%
4. Class participation - 20%

Course Texts

• Pearce & Geddes, Statutory Interpretation in Australia, 6th ed (2006)
• Eskridge, Frickey & Garrett, Legislation: Statutes and the Creation of Public Policy, 3rd ed (2001)
• Eskridge, Frickey & Garrett, Legislation & Statutory Interpretation, 2nd ed (2006)
• Bennion, Statutory Interpretation, 4th ed (2002)
• Bennion, Understanding Common Law Legislation (2001)

Resources

• Commonwealth Law Reports (hard-copy or on-line)
• www.comlaw.gov.au
• www.legislation.nsw.gov.au