Statutory Interpretation in Australia
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By: Dennis Charles Pearce
"Legislation is now the primary source of law in Australia. Nearly all legal transactions require attention to be given to Acts and other legislative instruments. An understanding of how legislation is to be interpreted is, thus, an essential part of every lawyer's skill set. For 50 years, courts, tribunals and legal practitioners have relied upon this text as their guide to the intricacies of statutory interpretation. In his Foreword to this 10th edition of Statutory Interpretation in Australia, Chief Justice Stephen Gageler AC of the High Court of Australia, has said: "For the whole of my professional life, judges and practitioners have turned to Statutory Interpretation in Australia as a standard work of reference. A copy of the ninth edition sits on my shelf. So will a copy of this historic edition...The separation of powers within our system of parliamentary democracy produces an inexorable relationship between the legislative and judicial branches of government. The legislative branch makes the law. The judicial branch declares and enforces the law as so made. The legislative branch speaks with constitutional authority. The judicial branch interprets with constitutional authority. The interpretation is through the application of consistent principles which can be taken to be known to the speaker. Through its clear and systematic identification and statement of those principles for half a century, Statutory Interpretation in Australia has contributed to the stability of that relationship"--
AI Overview
"Statutory Interpretation in Australia" by Dennis Charles Pearce is a seminal text 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:
Key Themes
- Statutory Interpretation as a Major Area of Law: The book emphasizes the significance of statutory interpretation in modern Australian legal practice, given the rise of legislation as a primary source of law.
- Coherence of Principles and Practice: It critically examines the coherence of statutory interpretation principles and practices, exploring whether these have constitutional foundations and whether legislative drafting can anticipate statutory interpretation.
- Aspects of Statutory Interpretation: The book delves into several important aspects of statutory interpretation, including the text of legislation, the presumption that Parliament intends the legislative purpose to be promoted, Acts Interpretation Acts, and objects provisions.
- Practical Guidance: It provides practical guidance for legal practitioners and students on the intricacies of statutory interpretation, drawing from numerous decisions and principles followed by Australian courts.
Plot Summary
The book is structured to address various questions related to statutory interpretation, including:
- Constitutional Foundations: Whether statutory interpretation has constitutional foundations and how these might lend coherence to the law.
- Legislative Drafting: Whether legislative drafting can anticipate statutory interpretation and how this background aids in coherence.
- Methodology: Whether statutory interpretation has a coherent overall method and what aspects contribute to this coherence.
- Practical Applications: It examines several practical questions of interpretation that arise in legislation, providing a comprehensive guide for legal practitioners and students.
Critical Reception
"Statutory Interpretation in Australia" has been a trusted resource for over 50 years, relied upon by courts, tribunals, and legal practitioners. The book has undergone several editions, with the latest being the 10th edition, published in 2023. The critical reception is positive, with the book being recognized as a definitive guide in the field of statutory interpretation in Australia.
Editions and Authors
The book has evolved over the years, with the first edition published in 1984. Professor Dennis Charles Pearce was the sole author of the first and second editions. Since the third edition in 1988, Adjunct Professor R. S. Geddes has been a co-author. The book has been widely acclaimed for its comprehensive coverage and practical insights into statutory interpretation.
Publication Details
- Title: Statutory Interpretation in Australia
- Authors: Dennis Charles Pearce and R. S. Geddes
- Editions: The latest edition is the 10th edition, published in 2023
- Publisher: LexisNexis Butterworths
- ISBN: 9780409354775
Overall, "Statutory Interpretation in Australia" by Dennis Charles Pearce is a foundational text that has significantly contributed to the understanding and practice of statutory interpretation in Australia. Its comprehensive approach and practical guidance make it an essential resource for legal practitioners and students alike.