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Statutory Interpretation

3rd edition

Author

ISBN

9781552214329

Format

Paperback

Page extent

428pp

Publisher

Series

Essentials of Canadian Law

AUD $75.00 gst included

Product Description

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes.

The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by “the entire context” — the core concept of the modern principle that governs interpretation — and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role.

Written by Canada’s leading authority in the field, this is a desk book that no legal practitioner should be without

Acknowledgement

Part One: Introduction

1. Introduction to Statute Law

2. Introduction to Statutory Interpretation

3. The Entire Context

Part Two: Establishing First Impression Meaning

4. Ordinary Meaning

5. Technical Meaning and Meanings Fixed by Law

6. Shared and Bijural Meaning

7. Original Meaning

Part Three: Analyzing the Entire Context

8. Textual Analysis

9. Reliance on Components

10. The Legislative Context

11. Purposive Analysis

12. The External Context

13. Consequential Analysis

14. Legal Policy Analysis

15. Interpreting Aboriginal Law

16. Reliance on Extrinsic Aids

Part Four: Achieving Harmony

17. Plausible Interpretation, Mistakes, and Gaps

18. Presumed Compliance with Constitutional Law, Common Law, and International Law

19. Overlap and Conflict

Part Five: Presumptions Governing the Application of Legislation

20. Presumed Application: Time, Territory, and the Crown

Table of Cases

Index

About the Author