Advanced Statutory Interpretation - LAWS3281
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Undergraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Prerequisites: Completion of 78 UOC in LAWS courses including Administrative Law (LAWS1160). Co-requisite: Resolving Civil Disputes (LAWS2371)
Excluded: JURD7581
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
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.
Main Topics
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.
More information can be found on the Course Outline Website.
Study Levels
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