Statutory Interpretation in Australia
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By: Dennis Charles Pearce, Robert S. Geddes
Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts and tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become an essential tool of practice for anyone engaged in statutory interpretation.
AI Overview
"Statutory Interpretation in Australia" by Dennis Charles Pearce and Robert S. Geddes is a seminal work in the field of Australian law, providing a comprehensive guide to the principles and practices of statutory interpretation. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Introduction to Statutory Interpretation:
- The book begins by introducing the fundamental principles of statutory interpretation, including the role of courts in interpreting legislation and the various approaches to interpretation.
History and Jurisprudence:
- It delves into the historical context of statutory interpretation in Australia, highlighting significant cases and jurisprudential shifts, such as those post-Breen.
Extrinsic and Intrinsic Aids:
- The book examines both extrinsic (external) and intrinsic (internal) aids to interpretation, including legislative history, parliamentary debates, and drafting conventions.
Drafting Conventions and Expressions:
- It provides an in-depth analysis of legislative drafting conventions and expressions, which is crucial for understanding the nuances of statutory language.
Retrospective Legislation:
- The book also considers the implications of legislation operating retrospectively, a critical aspect in Australian statutory law.
Plot Summary
The book is structured into 12 chapters, each focusing on a specific aspect of statutory interpretation. The chapters are designed to be easily referenced, allowing readers to quickly identify particular principles of construction in various contexts. The structure ensures that the book remains both comprehensive and accessible for legal practitioners and students alike.
Critical Reception
Reputation and Influence:
- "Statutory Interpretation in Australia" has built a reputation as the definitive resource on statutory interpretation in Australia. It has been referenced in over 1600 cases since its first edition, reflecting its significant influence on Australian legal practice.
Book Reviews:
- The book has received positive reviews for its inclusiveness and detailed analysis. It is noted for its well-supported references to case law and statute, making it a fundamental reference work for both law students and professionals.
Editions and Updates:
- The book has been updated several times, with the eighth edition being particularly notable for its comprehensive review of principles governing various aspects of statutory interpretation. The ninth edition continues this tradition, maintaining the book's status as an indispensable aid to statutory interpretation.
In summary, "Statutory Interpretation in Australia" by Dennis Charles Pearce and Robert S. Geddes is a critical resource for understanding the complexities of statutory interpretation in Australia. Its comprehensive approach, detailed analysis, and significant influence on Australian legal practice make it an essential text for legal practitioners and students.