Interpreting Statutes
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Description
Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
AI Overview
"Interpreting Statutes" is a book edited by Suzanne Corcoran and Stephen Bottomley, aimed at providing a comprehensive guide to statutory interpretation. Here is a detailed overview of the book:
Key Themes
- Introduction to Statutory Interpretation: The book begins with an introduction to the fundamental principles and concepts of statutory interpretation, setting the stage for the subsequent chapters[2][4].
- Theories of Statutory Interpretation: Part of the book delves into various theories of statutory interpretation, including dynamic statutory interpretation, which is a particular focus of Suzanne Corcoran's contributions[5].
- Dynamic Practice of Interpretation: The book explores the dynamic practice of interpretation, highlighting how statutes are interpreted in real-world contexts, including by judges, lawyers, and other stakeholders[2][4].
- Subject Areas in Statutory Interpretation: The book covers diverse subject areas such as codification of the criminal law, human rights law, native title, employment law, and discrimination. Each of these areas is discussed in detail, providing insights into how statutes are interpreted in different legal domains[5].
Plot Summary
The book is structured to cater to both practitioners and scholars. It begins with an introduction to the basics of statutory interpretation and then moves on to more advanced topics. The chapters are organized to provide a structured approach to understanding statutory interpretation, from theoretical frameworks to practical applications.
- Part 1 focuses on the introduction and theoretical aspects of statutory interpretation.
- Part 2 addresses specific subject areas where statutory interpretation plays a crucial role. This includes discussions on the codification of criminal law, human rights, native title, employment law, and discrimination[5].
Critical Reception
While specific reviews are not provided in the search results, the book is likely to be well-received given its comprehensive coverage of statutory interpretation. The inclusion of diverse subject areas and the emphasis on dynamic practice would make it a valuable resource for both legal practitioners and scholars. The contributions from Suzanne Corcoran and Stephen Bottomley, particularly Corcoran's focus on dynamic statutory interpretation, are highlighted as significant additions to the field[5].
Conclusion
"Interpreting Statutes" by Suzanne Corcoran and Stephen Bottomley is a seminal work in the field of statutory interpretation. It offers a structured approach to understanding the complexities of statutory law, making it an essential resource for lawyers, judges, students, and scholars. The book's comprehensive coverage of theoretical frameworks and practical applications ensures that it remains a valuable reference in the legal community.