Statutory interpretation (7041): (formerly law 425) statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice it is also an area of vibrant intellectual debate, as scholars, supreme court. Statutory interpretation has to give due regard to the constitution this imposes a vale-laden framework on the interpretation of legislative text section 39 (2) of the constitution specifically deals with the interpretation of legislation and it provides as follows. Statutory interpretation: the meaning of meaning the hon michael kirby ac cmg [statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by australian lawyers this was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed the development has. Our text will be eskridge, gluck and nourse's statutes, regulation, and interpretation (2014) unless otherwise noted, all page references below are to eskridge unless otherwise noted, all page references below are to eskridge.
Transcript administrative agencies often interpret statutes during the course of administering the law when parties obtain judicial review of a statutory interpretation, federal courts must consider whether to defer to the agency based on standards of review established by the supreme court. The orthodox view is that statutory captions and titles should not inform interpretation however, a more nuanced method distinguishes between congress’s codification choices and those that the office of the law revision council makes. Interpretation have increasingly taken courts in australia away from the previous “literal”, or so-called “objective” or “plain meaning” approach to interpretation.
Statutory interpretation this lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge. What is statutory interpretation the three principal rules of statutory interpretation, relevant case law of the literal golden and mischief rules, defects of applying the literal rule, utilising the narrow and wide approach, the judges discretion is supreme. Statutory interpretation study guide by haley_cose includes 18 questions covering vocabulary, terms and more quizlet flashcards, activities and games help you improve your grades. Statutory interpretation lecture notes from smith & bailey on the modern english legal system, third edition 1996, p351-403 cases in jacqueline martin, the english legal system, chapter 3 introduction the task of interpretation may vary in difficulty far bennion (statute law, 1990), has identified a number of factors that may cause doubt:1 the draftsman may refrain from using certain.
- the second of a series of videos looking at statutory interpretation this one looks at the rules of interpretation and although long. The full text of this book review may be found by clicking on the pdf link below statutory interpretation has improved dramatically over the last generation, thanks to the extraordinary influence of justice scalia statutory text matters much more than it once did if the text is sufficiently clear. This approach to statutory interpretation is based upon various assumptions and a basic common sense approach to interpreting a statute  dc pearce and rs geddes, statutory interpretation in australia (lexisnexis butterworths, 8 th ed, 2014) 146  brodie v singleton shire council (2001) 206 clr 512, 532 [31. The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation many cases go to appeal on a point of interpretation, indeed, lord hailsham, a senior english judge,.
Statutory aids to the interpretation of statutes extrinsic aids to interpretation consist of everything not found within the statute, whereas intrinsic aids are those found within the statute being interpreted. The words rules of statutory interpretation are used loosely in this article to include any of the legal principles and concepts devoted to the meaning of statutes. They cover the legislative process and statutory interpretation, canons of construction, the constitutional position of administrative agencies, the regulatory process, and statutory interpretation in the administrative state. Statutory interpretation is an area of law in which superior courts in canada have an inherent jurisdiction to set norms2 a court faced with an interpretation dispute must use skill an integrity to produce an appropriate outcome.
Statutory interpretation is process of interpreting statutes by the judges the word of interpretation gives us thought that act of parliament is difficult to be understood but conversely, the definition of statutes have had very specific words but indeed. ~~ statutory interpretation picture box ~~ once parliament has passed an act, it then falls to the courts to apply the statute in a particular case this can lead to difficulties where the facts of the case may not have been envisaged by parliament or where there exist drafting errors or ambiguity in the statute.
On statutory interpretation (appendix a) and specifically requested that australian law schools map their coverage of statutory interpretation across the curriculum the lacc statement encompasses both the rules of statutory interpretation and the. Statutory interpretation, by caleb nelson, emerson g spies distinguished professor of law at #uva, is designed for 3-, 4-, or 5-credit courses about the general discipline of statutory interpretation. Statutory interpretation barely begun to penetrate the thinking of mainstream academic lawyers 5 although there is a fine literature debunking the canons of construction,' one has only to skim any recent volume of the. Statutory interpretation: theories, tools, and trends congressional research service summary in the tripartite structure of the us federal government, it is the job of courts to say what the law.