Public Law and Statutory Interpretation
Principles and Practice
By: Lisa Burton Crawford, Janina Boughey, Melissa Castan, Maria O'Sullivan
This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.
AI Overview
The book "Public Law and Statutory Interpretation: Principles and Practice" by Lisa Burton Crawford, Janina Boughey, Melissa Castan, and Maria O'Sullivan provides a comprehensive and reader-friendly overview of Australian public law institutions and principles, along with the principles and process of statutory interpretation. Here is a detailed overview of the book:
Key Themes
- Australian Public Law Institutions: The book offers an in-depth exploration of the foundational principles of Australian public law, including the origins and key stages in the development of the Australian legal system.
- Statutory Interpretation: It delves into the process of statutory interpretation, highlighting how these principles reflect the constitutional relationship between the legislative, executive, and judicial branches of government.
- Constitutional Relationship: The book clearly explains how statutory interpretation is influenced by the constitutional framework, providing insights into the interactions and powers of the three branches of government.
- Case Studies and Practical Applications: The text incorporates in-depth case studies, discussion questions, reflective exercises, and lists of further resources. These practical elements allow readers to engage with pressing public law issues in a practical context.
Plot Summary
The book is structured to provide a comprehensive understanding of both public law institutions and statutory interpretation. It includes:
- Origins and Development of Australian Legal System: An overview of the historical and evolutionary aspects of the Australian legal system.
- Foundational Concepts and Ideals: An explanation of the core concepts and ideals that form the foundation of Australian public law.
- Institutions, Structures, and Powers: An introduction to the institutions, structures, and powers of, and relationships between, the three branches of the Australian government.
- Statutory Interpretation: An explanation of how legislation is interpreted by Australia’s courts, incorporating recent case law, legislation, and government actions.
Critical Reception
The book has received positive reviews for its clarity and comprehensive coverage of the subject matter. Here are some notable points:
- Exceptional Treatment of Statutory Interpretation: The Hon Justice John Basten praised the first edition for its exceptional treatment of statutory interpretation, stating that it is “the best text to introduce Australian law students to this critical topic”.
- Engaging and Comprehensive Overview: The book is described as providing an engaging, comprehensive, and reader-friendly overview of Australian public law institutions and principles.
- Practical Applications: The inclusion of in-depth case studies, discussion questions, reflective exercises, and lists of further resources has been praised for its ability to engage readers with practical applications of public law principles.
Editions and Updates
The book has a second edition, which includes:
- New Case Studies: Two new in-depth statutory interpretation case studies to give students the opportunity to practice their skills.
- COVID-19 Case Study: An exploration of the scope and limits of executive power through the response to COVID-19.
- Recent Developments: Discussions of recent case law, legislation, and government actions, including R v A2, Love v Commonwealth, Burns v Corbett, Miller (No 2), the Queensland Human Rights Act 2019, the ineligibility of dual citizens to sit in the Commonwealth Parliament, and the Callinan Report on the Administrative Appeals Tribunal.
Overall, "Public Law and Statutory Interpretation: Principles and Practice" is a valuable resource for scholars and practitioners seeking to understand the foundational principles of Australian public law and statutory interpretation. Its practical approach and comprehensive coverage make it an essential text for those studying or working in the field of Australian public law.