This book was joint winner of the 2024 Holt prize as decided by the esteemed judging panel comprised of The Hon James Allsop AC, Emeritus Professor Barbara McDonald and Elizabeth Collins SC of the New South Wales Bar.
What does the Australian Constitution have to say about statutory interpretation? That is the question at the centre of this book. What results is a view of the Constitution through the side window of statutory interpretation. The picture which emerges is both novel and consequential. It develops significantly the presently nascent suggestions that the separation of powers informs the practice of statutory interpretation. It shows a constitutional commitment to the rule of law that has bite, in contrast to the suggestions in more recent ‘pure’ constitutional law cases and commentary that the rule of law has no doctrinal force beyond the extent to which it is inscribed in the constitutional text and structure. Less flatteringly, but no less importantly, this sideview of Australian constitutional law reveals a number of points at which our constitutional culture remains retarded by its monarchical roots and colonial history. Finally, this novel perspective allows us to see that federalism is alive and well in statutory interpretation, albeit that there are aspects of the federal principle that remain underenforced. These themes, and others, are explored primarily with reference to Australian case law and scholarship. However, the book also draws upon comparable jurisdictions, including the United Kingdom and the United States, as well as Canada and New Zealand. The result is a comprehensive account of Australian statutory interpretation that positions it in a global context.
“This work stands out as a remarkable investigation of a most important element of the task of statutory interpretation. In a federation and with limits and boundaries on parliaments, governments and courts the constitutional framework is ever present … Mr Murphy has, wonderfully clearly, explored not only the questions of meaning and the ascertainment of meaning within a federal constitutional structure, but also has given fresh and deep insights into the separation of powers, the rule of law and sovereignty in our Federation, including the conceptions of sovereignty in viewing the place of First Nations people in Australia and elsewhere.
It is the rich product of scholarship and contemplation, which repays the careful, inquiring and patient reader.”
From the Foreword by The Hon James Allsop AC
